Justice Alito’s leaked opinion signaling an end to Roe is the latest in a broad trend of rejecting science and expertise
These are tumultuous times for the Supreme Court. Since Justice Amy Coney Barrett joined the Court in October 2020, the justices have issued a series of unprecedented decisions that have reshaped health law and policy in ways that will impede the health of all Americans.
For most of American history, courts treated the protection of health as an important aspect of the social contract, one that is implicitly woven into our laws. This centrality of public health to law—encapsulated by the legal maxim salus populi suprema lex —was widely accepted in 19th- and 20th-century state and federal court decisions. The most famous constitutional case evincing health’s centrality was the Supreme Court’s 1905 decision in Jacobson v.
This deference to expertise often led courts to look to and rely on the guidance offered by scientists and medical experts, as Justice Harry Blackmun did in Roe v. Wade.
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