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There’s an upside to the Alito draft leak

The leak of Justice Alito’s draft of the majority decision in Dobbs v. Jackson Women’s Health Organization, unfortunate as it may be, should not delegitimate the US Supreme Court.

If a snarky, plotting, election-related draft had been revealed, that would have truly delegitimated the court. But in the draft one only finds very solid scholarship, even if one disagrees with it. It’s exactly the sort of thing that one would have wished for in a profoundly serious, deeply researched opinion.

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