Let’s get ready to rummmmmble! The left is already getting ready to go crazy after a draft of an initial majority opinion was leaked to the press regarding abortion rights in America. The draft from Supreme Court Justice Samuel Alito details a 5 to 4 vote to strike down the landmark Roe v. Wade decision that was made by the High Court almost 50 years ago.
The legal conclusion within the draft is clear and intense, it gives a clarion repudiation of the 1973 decision which from that point on guaranteed constitutional protection of abortion rights. This decision was reinforced in 1992 with the Planned Parenthood v. Casey decision.
Justice Alito wrote in the majority opinion that Roe v. Wade was “egregiously wrong from the start.” He said that both Roe and Casey “must” be overruled and that it was time to “heed the Constitution and return the issue of abortion to the people’s elected representatives.”
Draft opinions are written so that justices can write their own response in favor or against. And sometimes positions are changed because of these responses, so the vote could come out differently after the process is completed. Therefore, the court’s final opinion won’t be the heart for possibly several months.
People are up in arms because of this leak. There has never been a drafted opinion leaked before in the history of the Court.
Someone familiar with deliberations from the Supreme Court indicated that four of the GOP-appointed justices, Thomas, Gorsuch, Kavanaugh, and Barrett, voted with Alito on this decision.
Apparently, three Democratically appointed justices are in the process of writing their own dissents to the decision, Breyer, Sotomayor, and Kagan. It is uncertain how Chief Justice Roberts will vote at this time.
Judge Alito did not mince words in his written opinion. He said that the 1973 decision was “ill-conceived” and deeply flawed.” He noted that the court invented a right that is simply not mentioned in the Constitution and took away the issue from the political branches of government. He summed up his opinion by saying that the Court’s ruling had “damaging consequences.”
One of the most interesting parts of this opinion are people Judge Alito uses to back his position. He refers to both the late Justice Ruth Bader Ginsburg and Harvard Law Professor Laurence Tribe. At certain times in both of their legal careers, they had problems with the reasoning in Roe.
If this decision is upheld by the High Court, there will be immediate action from many states that either already has laws on their books about abortion, or they have recently established laws to significantly limit abortions in their states.
Alito’s draft says that the Constitution does not prohibit the people of each state from “regulating or prohibiting abortion.” The Court is set to return the authority to the citizens and their elected leaders.
The left is already gearing up for a massive war. President Biden, along with his progressive band, are talking about codifying legislation to make it illegal to regulate or prohibit abortions in America. Democratic senators are crying out to do away with the filibuster. And the idea of court-packing is on many people’s minds.
There is also deep concern now on both sides of the aisle about the November midterm elections.
Justice Alito’s words are being focused on. He called Roe v. Wade “egregiously wrong.” Justice Kavanaugh wrote in the past that two well-known Supreme Court decisions were labeled “egregiously wrong when decided.” They are the 1944 ruling upholding the detention of Japanese Americans during World War II and the 1896 decision that favored racial segregation.
Let’s hope that one day we look back on Roe v. Wade with such clear horror.