Justice Alito Cites an Encounter Books Title in Leaked Draft Opinion - Encounter Books

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Justice Alito Cites an Encounter Books Title in Leaked Draft Opinion

'Abuse of Discretion' by Clarke D. Forsythe Informs Landmark Case
May 04, 2022


n the leaked draft opinion of Dobbs v. Jackson Women’s Health, Justice Samuel Alito cites research from a 2013 Encounter Books title, Abuse of Discretion: The Inside Story of Roe v. Wade by Clarke D. Forsythe.

Justice Alito attacks the argument for viability from the Roe decision, writing, “This elaborate scheme was the Court’s own brainchild.” To back up this claim, he cites a passage from Abuse of Discretion where Forsythe shows that no lower courts, oral arguments in Roe, or previous Supreme Court opinions had discussed fetal viability as a standard for determining abortion legislation.

A section of Justice Samuel Alito's draft opinion in 'Dobbs v. Jackson Women's Health' that cites Clarke D. Forsythe's 'Abuse of Discretion.'


As the Supreme Court prepares to issue its final opinion in this year’s landmark abortion case, read Abuse of Discretion: The Inside Story of Roe v. Wade for a clear inquiry to the deliberations behind Roe v. Wade and the lingering controversy over that unprecedented decision.

Get your copy here.

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