Reason Gets It Wrong on the Roe Leak

At Reason today, senior editor Elizabeth Nolan Brown writes that “Alito’s Draft Opinion That Would Overturn Roe Is a Disaster of Legal Reasoning.” After quoting a number of fellow libertarian writers disputing Alito’s reading of history and/or disputing the idea that historical precedent is a valid basis for constitutional interpretation, Brown writes:

Some people are still lingering on how or why the draft was leaked and what it means. Some—including Senate Minority Leader Mitch McConnell (R–Ky.)—are even calling for the leaker to be criminally prosecuted.

But this obsession with process and punishment over the substance...