https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473
A leaked draft of a Supreme Court decision reveals the majority of the court has decided to overturn Roe v. Wade by a vote of 5-4, according to Politico, which calls it 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.”
“Roe was egregiously wrong from the start,” wrote Justice Samuel Alito in the draft which was circulated inside the court before someone leaked it to the news outlet. “We hold that Roe and Casey must be overruled.”
The Supreme Court has voted to strike down the landmark Roe v. Wade decision, according to a draft majority opinion written by Justice Samuel Alito circulated inside the court and obtained by POLITICO.
Deliberations on controversial cases have in the past been fluid. Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading, sometimes until just days before a decision is unveiled. The court’s holding will not be final until it is published, likely in the next two months.
The immediate impact of the ruling as drafted in February would be to end a half-century guarantee of federal constitutional protection of abortion rights and allow each state to decide whether to restrict or ban abortion. It’s unclear if there have been subsequent changes to the draft.
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.
Alito wrote: “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.”
A person familiar with the court’s deliberations said that four of the other Republican-appointed justices – Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – had voted with Alito in the conference held among the justices after hearing oral arguments in December, and that line-up remains unchanged as of this week.
The three Democratic-appointed justices – Stephen Breyer, Sonia Sotomayor and Elena Kagan – are working on one or more dissents, according to the person. How Chief Justice John Roberts will ultimately vote, and whether he will join an already written opinion or draft his own, is unclear.
[End of POLITICO quote]
Whomever on staff that leaked this information from the court deliberations has sealed their fate. They are toast, professionally and ethically. That said, this leak will also have a long lasting effect on public opinion of the high court and will affect the conduct of SCOTUS going forward.
Aside the tawdry, political motivations of the source for this news release, I say, “Hallelujah!”
Next stop would be Obergefell.
Don’t worry folks, F…B…I.. is on the case!
I have never been able to agree with killing babies.
I will believe it, when I see it. Beware of those crafty dumbocrats! Mark my words.
Now strike the 19th Amendment from the Constitution.
I wonder what other information was about to be brought into the open that TPTB decided they needed to throw out an allegedly leaked Supreme Court briefing overturning Roe vs Wade, knowing it would set off the outrage mob. It is quite convenient that Hillary, Schumer, AOC et al all put out similarly worded tweets on the subject and immediately the rent a mob shows up to protest outside the Supreme Court. Their efforts seem a bit too coordinated to just be about a leaked court brief.
Good point.
Dem-leftist panic…..
Big deal…If the Court is intimidated by a mob of commies, it will become a laughingstock…
It already is a laughingstock and it it already is communist. That was official in Nov 2020.
That already happened, when they refused to hear states’ pleas about election fraud (then had something called “Ketanji” appointed as well).
So if Stari-decisis (precedent) exists,ALL 2A questions have BEEN DECIDED!…….why won’t ANYBODY SAY THAT!……
Stare Decisis is nothing more than an excuse these black robed lawyers use to do nothing about bad decisions. Nobody ever defends the court’s decision in Dred Scott, even though it went against previous decisions.
And, it was clear that Taney wrote his opinion in rebuttal, which is also unethical.
There have been unethical SCOTUS’s before and there will probably be a LOT more if this leak is true. How fast can you say Pack that Court, Joe, with all the judgepackers you can find.
Judgepackers – I see what you did there.
With Mittens, Collins and Murkowski in the senate, it is quite possible they will be able to make it happen.
I smell bullshit from Politico on this one. This is a ruse to dissuade the conservatives from overturning it.
Time for fuck fuck games.
ZFG, out.
P.S. I honestly dont give a shit regarding this one. I am also for post-term abortion as there are millions of adults that need to be aborted at the moment.
All or nothing folks. No paradoxes allowed.
+1 for post-term abortions. LMAO!!
I think it is a chess move. If true, pack the court. If false, the warning was heeded.
Either way, there will be no justice served here.
Wrong…it’s legit, and the reasoning is airtight and persuasive…The draft was leaked for political purposes…the clerk involved should be fired…
Au contrare. They will be lionized as a hero/heroine/xiro/xiroine by the left-wing media, get a prestigious law school professorship, regular appearances as a commentator on CNN and MSNBC – and maybe even get their own show.
They’ll get a book deal, be nominated for a seat on the DC Federal Circuit Court, and eventually be seated on the the US Supreme Court.
Impeccable reasoning in the opinion…Sotomayor’s Indian clerk leaked the draft, apparently for political purposes…