Congressional Democrats moved to cast doubt on the Supreme Court’s legitimacy on Tuesday, after a leaked draft opinion indicated that the court is likely to overturn Roe v. Wade, leaving the question of abortion’s legality up to individual states.
“We hold that Roe and Casey must be overruled,” Justice Samuel Alito wrote in the draft opinion for the case Dobbs v. Jackson Women’s Health Organization. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
Some Democrats resurfaced the idea of packing the court by expanding the number of justices, though that move would depend on support from moderate Democrats like West Virginia Sen. Joe Manchin, who have opposed court-packing.
More broadly, Democrats quickly moved to delegitimize the court’s anticipated ruling.
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