And finally, to the extent that a leak like this has some delegitimizing effect no matter what, that might be an end unto itself: If the court is going to be conservative, then let it have no mystique whatsoever.
This last place is where most liberals will end up, I’m sure, should the draft ruling turn out to be the final one. But there is an irony here, of course, because a key implication of Alito’s draft — and of arguments marshaled for generations by Roe’s critics — is that treating the judiciary as the main arbiter of our gravest moral debates was always a mistake, one that could lead only to exactly the kind of delegitimization that we see before us now.
Regardless of whether the draft becomes the final decision, then, its leak has already vindicated one of its key premises: that trying to remove an issue like abortion from normal democratic politics was always likely to end very badly for the court.
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