Commentary
The leak of a draft Supreme Court opinion potentially overruling Roe v. Wade is unprecedented. To understand the likely motives behind the leak, let’s go back in time and place. Bear with me as I review a similar case (pdf) from a half-century ago.
It’s the summer of 1972. The place is the state of Montana. Montanans have just voted in a referendum on a proposed new state constitution.
The results of the referendum were extremely close. There were—barely—more “yes” votes than “no” votes. But except in cases of revolution, any new state constitution must be adopted in accordance with the rules of the preexisting state constitution. And the preexisting Montana constitution (like the constitutions of some other states) says that winning more “yes” votes than “no” votes isn’t sufficient. Rather, the “yes” votes must amount to a majority of the people voting on all issues in the election, not just on the constitution.
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