Leak shows SCOTUS could overthrow Roe
WASHINGTON (ChurchMilitant.com) – All eyes are on the United States Supreme Court after a leak revealed the justices could overturn Roe vs. Wade.
On Monday evening, Politico released a leaked draft for what may be the majority opinion in Dobbs v. Jackson Women’s Health – a case involving a Mississippi pro-life law banning abortion after 15 weeks. The document, released internally to the Supreme Court in February, is drafted by Associate Justice Samuel Alito, who was appointed to the High Court by George W. Bush. Alito is a devout Catholic.
Politico also reported that Justices Amy Coney Barrett, Brett Kavanaugh, Neil Gorsuch and Clarence Thomas voted with Alito “at the conference held between the justices after hearing oral argument in December” – providing the five needed for a majority in the court of nine people.
Someone leaked the project, almost certainly to pressure the judges to change their minds.
“We hold that deer and Casey must be undone,” Alito wrote in the draft, referring to 1973 Roe vs. Wade and 1992 Family planning c. Casey. “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.”
The draft notes:
deerAbortion rights advocates characterize abortion rights as similar to rights recognized in past rulings on issues such as intimate sex, contraception and marriage, but abortion is fundamentally different because of them deer and Casey recognize, because it destroys what those rulings called “fetal life” and what the law before us describes as an “unborn human being.”
A later part reads: “The Constitution does not prohibit the citizens of every state from regulating or prohibiting abortion. deer and Casey assumed this authority. We are now reversing those decisions and returning that authority to the people and their elected representatives.”
Chief Justice John Roberts remains a wildcard. Politico asks how Roberts will vote Dobbs is “unclear”.
Commentators believe Alito’s project leak was a political move by leftists, hoping to pressure pro-life judges to change their minds.
National Review’s Kathryn Jean Lopez said, “It’s shocking. Not that the Supreme Court would strike down deerbut that someone would presumably release a draft notice (we don’t know if this is the current one) to change the decision.”
Similarly, The Federalist editor Mollie Hemingway wrote, “Someone leaked the draft, almost certainly to pressure the judges to change their minds.”
The Vortex: Fighting for Life
“Those who care about standards, decorum, civility, institutions and the rule of law – or claim to do so – must hold the lessor and all accomplices fully accountable for this gross violation,” Hemingway said. “At the very least, they should be expunged. Criminal charges might also be warranted.”
Pro-abortion protesters gathered outside the Supreme Court Monday evening and early Tuesday, pro-life counter-protesters also demonstrating.
The crowd of protesters grows rapidly and pushes towards the barricade the handful of guards erected earlier this evening. Chants of ‘fascist scum must go’, interspersed with names of Tory judges pic.twitter.com/2OHtE2pLuy
—Nate Hochman (@njhochman) May 3, 2022
Some are urging caution about the veracity of Politico’s reporting, pending the release of more information.
“We should certainly be skeptical of big leaks like this,” Alexandra DeSanctis wrote for National Review, “not to mention reports that are entirely anonymous in source — and doubly so when the topic is as radioactive as possible cancellation. of Abortion Court Jurisprudence.”
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