The leaked draft of the US Supreme Court decision reveals that the court wants to overturn Roe v. Wade by a 5-4 vote.
Politico calls this a “full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision – Planned Parenthood v. Casey – that largely maintained the right.”
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“Roe was egregiously wrong from the start,” Justice Samuel Alto wrote in the draft. “We hold that Roe and Casey must be overruled.”
“No draft decision in the modern history of the court has been disclosed publicly while a case was still pending. The unprecedented revelation is bound to intensify the debate over what was already the most controversial case on the docket this term.” https://t.co/2os0uJWyUr
— Eamon Javers (@EamonJavers) May 3, 2022
Politico emphasized these ten passages from the draft opinion:
- “We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision….”
- “Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
- “In the years prior to [Roe v. Wade], about a third of the States had liberalized their laws, but Roe abruptly ended that political process. It imposed the same highly restrictive regime on the entire Nation, and it effectively struck down the abortion laws of every single State. … [I]t represented the ‘exercise of raw judicial power’… and it sparked a national controversy that has embittered our political culture for a half-century.”
- “The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions. On the contrary, an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of the common law until 1973.”
- “In some States, voters may believe that the abortion right should be more even more [sic] extensive than the right Casey and Roe recognized. Voters in other States may wish to impose tight restrictions based on their belief that abortion destroys an ‘unborn human being.’ … Our nation’s historical understanding of ordered liberty does not prevent the people’s elected representatives from deciding how abortion should be regulated.”
- “We have long recognized, however, that stare decisis is ‘not an inexorable command,’ and it ‘is at its weakest when we interpret the Constitution.’ It has been said that it is sometimes more important that an issue ‘be settled than that it be settled right.’ But when it comes to the interpretation of the Constitution — the ‘great charter of our liberties,’ which was meant ‘to endure through a long lapse of ages,’ we place a high value on having the matter ‘settled right.’”
- “On many other occasions, this Court has overruled important constitutional decisions. … Without these decisions, American constitutional law as we know it would be unrecognizable, and this would be a different country.”
- ”Casey described itself as calling both sides of the national controversy to resolve their debate, but in doing so, Casey necessarily declared a winning side. … The Court short-circuited the democratic process by closing it to the large number of Americans who dissented in any respect from Roe. … Together, Roe and Casey represent an error that cannot be allowed to stand.”
- “Roe certainly did not succeed in ending division on the issue of abortion. On the contrary, Roe ‘inflamed’ a national issue that has remained bitterly divisive for the past half-century….This Court’s inability to end debate on the issue should not have been surprising. This Court cannot bring about the permanent resolution of a rancorous national controversy simply by dictating a settlement and telling the people to move on. Whatever influence the Court may have on public attitudes must stem from the strength of our opinions, not an attempt to exercise ‘raw judicial power.’”
- “We do not pretend to know how our political system or society will respond to today’s decision overruling Roe and Casey. And even if we could foresee what will happen, we would have no authority to let that knowledge influence our decision. We can only do our job, which is to interpret the law, apply longstanding principles of stare decisis, and decide this case accordingly. We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives.”
Politico even shared the editor’s note to confirm the authenticity of the draft decision.
This leak made headlines, and Twitter exploded.
FWIW, there’s not much the GOP wants less than Roe to actually be overturned.
If the Politico scoop is correct, the GOP is now the dog who caught the car.
Roe was always a shiny thing to campaign on (much like repealing Obamacare) but never something they actually wanted to do.
— Angry Staffer 🌻 (@Angry_Staffer) May 3, 2022
This is why they leaked:
"Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading…The court’s holding will not be final until it is published, likely in the next two months." (Politico) https://t.co/9k0JfLfYZd
— Andrew "Leaked Majority Opinion" Kolvet (@AndrewKsay) May 3, 2022
Probably the greatest violation of unwritten "norms" in the history of the Supreme Court.
And I absolutely guarantee you the leaker spent years railing against President Trump's undermining of norms. https://t.co/XSa9LaGb66
— Josh Hammer (@josh_hammer) May 3, 2022
After the draft leaked to the press, there have been many speculations about who was responsible for the leak, calling for arrests.
The court majority voted 5-4 to overturn the federal constitution’s protection of abortion rights.
Breitbart reported,” But it is not a binding decision of the court unless at least five justices sign it, and this looks like a transparent and unprecedented betrayal by one of the 45 or so people with access to a draft Supreme Court opinion to prevent this decision from becoming law by scaring off moderate justices and attempting to whip the political left into a frenzy,”
Experts stated that the Supreme Court would lose the Americans’ trust if the decision was changed due to political pressure.
“The American people’s belief in the rule of law would be shaken if they lost respect for this Court as an institution that decides important cases based on principle, not ‘social and political pressures,'” the leaked document states.
“But we cannot exceed the scope of our authority under the Constitution, and we cannot allow our decisions to be affected by the extraneous influences such as concern about the public’s reaction to our work,” Alito responds.
Leaking a draft SCOTUS ruling is worse than January 6th. The Court was the one institution where conservatives and liberals lived in peace and trust. You disagreed but the trust was sacred. This completely destroys the Court’s inner workings. Totally in shock right now.
— Cernovich (@Cernovich) May 3, 2022
The people who had access to the document were the nine judges and their 36 clerks. It’s almost 100% sure that one of those 36 clerks leaked the document.
If we analyze better, every justice has four clerks, narrowing the circle to one of the 16 clerks working for the four Democrat-appointed judges.
“The fact that some are praising this leak shows how utterly craven we have become in our politics,” tweeted attorney Jonathan Turley. “There appears no ethical rule or institutional interest that can withstand this age of rage.”
The fact that some are praising this leak shows how utterly craven we have become in our politics. There appears no ethical rule or institutional interest that can withstand this age of rage.
— Jonathan Turley (@JonathanTurley) May 3, 2022
The perpetrator, who is lionized as a hero by the Democrats, needs to be arrested immediately.
Democrats are expected to launch an attempt at court-packing before they lose Congress in the midterm elections.
The leaking of the opinion represents an attempt to subvert that process and create more chaos and violence!
But, the leftists think that their moral right to kill babies supersedes all other concerns.
Watch the video below and hear more details: