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Demonstrators Jonah Smith from California, left, and Robin G. from the D.C. area, stand outside the U.S. Supreme Court on May 3, 2022. AP Photo/Jose Luis Magana
The leak of a draft Supreme Court opinion potentially overruling Roe v. Wade is unprecedented. To understand the likely motives behind the leak, let’s go back in time and place. Bear with me as I review a similar case (pdf) from a half-century ago.
Robert G. Natelson, a former constitutional law professor, is Senior Fellow in Constitutional Jurisprudence at the Mountain States Policy Center and the Independence Institute. He authored “The Original Constitution” (4th ed., 2025) and is a contributor to the Heritage Foundation’s “Heritage Guide to the Constitution.”