Breaking: leaked draft SCOTUS opinion overturning Roe vs. Wade

This will suck all the oxygen out of the US political news cycle for days. The Washington Examiner has more, including the text of the draft itself.

TL;DR summary:

  • [Background for non-US readers:] The 1973 SCOTUS opinion Roe vs. Wade overturned all US state laws restricting abortion in any way. (I am not a lawyer, but the constitutional basis for that ruling never struck me as anything other than flimsy.)
  • If the leaked document is authentic (and it has the appearance thereof), Alito authored a majority opinion overturning Roe vs. Wade and returning the issue of abortion to the individual states
  • concurring appear to be Barrett, Gorsuch, Kavanaugh, Thomas
  • Breyer, Kagan, Sotomayor allegedly have requested more time to work on their dissenting opinion(s)
  • it is not clear at this point how Chief Justice Roberts will vote, or whether he will write a separate concurring (or dissenting) opinion
  • the leak of such a bombshell opinion ahead of a court ruling is, to put it mildly, quite extraordinary, and I agree with Ed Driscoll at Instapundit that whichever clerk did such a thing should never work in law again. I would not be surprised, however, if the leaker is actually one of the three “liberal” members of SCOTUS themselves

ADDENDUM: FB friend “Martian” argues that the leak is an attempt to sway Roberts, to ensure it’s a 5-4 and not a 6-3 ruling. Yeah, that holds water, I think.

ADDENDUM 2: the usual suspects (even Anna Ahronheim of the JPost) are bleating about how “men should not tell women what to do with their bodies”. You’d think the ruling would prohibit abortion while it does nothing of the sort: it merely says it is a matter of the states, not the federal government.

Lahav Harkov, also of the JPost, tweets that this is giving the (anti)Democrats an easy issue to campaign on. Good luck recruiting Latino voters with this, though 😉 They’re already moving away from the D in polls because of their correct perception the D party is the party of the Brahmandarins and their clients, and no longer cares about the concerns of working-class Americans. This will only exacerbate this perception in a perhaps economically liberal, but socially rather conservative, demographic.

ADDENDUM 3: Breaking: Chief Justice Roberts confirms the draft is authentic, stresses it is a draft and not anybody’s final decision.

Roberts asserted that “to the extent this betrayal of the confidences of the Court was intented to undermine the integrity of our operations, it will not succeed. The work of the Court will not be affected in any way.” The chief justice also said that he had “directed the Marshal of the Court to launch an investigation into the source of the leak.”

ADDENDUM 4: Hmm... seems Roberts is trying to split the difference, not wanting to overturn RvW outright, but wanting to uphold a Missisippi law putting a 15-week limit on abortions. (Bizarrely, European countries the left keeps saying the US should emulate more, like France or the Netherlands, all have much more restrictive abortion laws — cutoff at 12 weeks is the norm, except for grave medical indications.)

ADDENDUM 5: via Sarah Hoyt: Codifying RvW into law? [Long shot] Impeaching the justices who voted in favor?!? [Good luck with that] You can just smell the desperation to gin this up into a campaign to distract the electorate from the “mierdas touch” [sic] of the Biden bubatron [=puppet theater].

ADDENDUM 6: Ruth Bader Ginsburg, who has the status of a secular saint in the liberal religion, was a vehement supporter of abortion “rights” but had her own misgivings about Roe vs. Wade amounting to “legislating from the bench”.

6 thoughts on “Breaking: leaked draft SCOTUS opinion overturning Roe vs. Wade

  1. }}} I would not be surprised, however, if the leaker is actually one of the three “liberal” members of SCOTUS themselves

    If one of them did so, there are reasons for impeaching and removing even a SCotUS member. They should be applied.

    • If it was one of the Justices, don’t Impeach, that would create a precedent the Left would surely use to remove all of the Conservative, (read sane) Justices. Out her in the public square. Explain for all to hear why it was a malicious effort. Alienate her within the club. Refuse to hire her clerks. But let her remain if she can stand her shame.
      Also, if the Justices who voted against this revocation of Roe v Wade have any Judicial integrity, and care about their process, they should all change their vote to make the decision unanimous as an example to anyone who would attempt to influence the process.

  2. There is a practical reason why the Left wants to keep the extended period for abortion.
    It is because a woman/girl who wants to keep the pregnancy simply has to conceal it for a limited time, before she is beyond the ability of the father of the child/parents of the mother to pressure/coerce her to abort – for THEIR convenience.
    It’s a well-established fact that many – in one study approximately 2/3 – of pregnant women abort under pressure and against their own desires. The wider that time period for the coercion, the more likely that the mother will give up.

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