One of the noteworthy passages in the recently-leaked draft opinion by Justice Samuel Alito, which would overturn a woman’s right woman to seek an abortion, was Alito’s argument that his decision was compelled because “the Constitution makes no mention of abortion.” Alito’s approach was somewhat unusual for him, because he does not always rely strictly on the text of a document to support the decisions he writes. Indeed, Alito’s ordinary unwillingness to be “guided” just by the text of a statute or constitutional provision puts him somewhat out of step with his fellow conservatives, several of whom claim to be “originalists” or “textualists.” “Originalism” is the notion that courts are inter
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