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Alito’s DIY Precedent Kit

May 12, 2022

Supreme Court Justice Samuel Alito used a very unique way to uphold legal precedent — he dug back in history until he found a couple “legal” opinions he liked that supported his goal of overturning Roe v. Wade. 

We’re not talking early United States history, in the leaked draft opinion that would overturn Roe v. Wade, he went back to 1250 or so to find a treatise that suited his needs. It’s an interesting (sloppy) way to undermine a Supreme Court precedent that goes back 50 years — just dig up a couple of old English judge/cleric types who espoused torture and burned witches.

No matter what your views on abortion may be, the draft ruling that would overturn Roe is a danger to many rights we currently have in this country. (Even though Alito pinky-promises he’s only applying a key part of his legal “logic” to Roe.) 

This is only the beginning of the rise of a Trump-branded Supreme Court.

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