Judges have employed principles of decision-making since time immemorial. One such principle is “judicial restraint.” This principle assumes what should be obvious: courts and judges retain their authority only so long as their decisions are perceived as mostly fair. Pres. Andy Jackson once remarked about a decision by the Supreme Court which he did not
So, Justice Alito’s leaked draft opinion suggests Roe v Wade will be overturned. What does that possibility suggest for other rights? Justice Alito wrote in the draft opinion that the 14th Amendment did not specifically name abortion and otherwise does not protect a right to abortion. The draft opinion concerns the case of Dobbs v.