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Leaked draft opinion signals Supreme Court overturning Roe v. Wade


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The Washington Examiner

Misty Severi, Breaking News Reporter & Kaelan Deese, Breaking News Reporter

May 02, 2022

The Supreme Court is undoing Roe v. Wade, a landmark 1973 case that led to the creation of a constitutional right to have an abortion, according to a leaked draft majority opinion.

The document, obtained by Politico, is for the case known as Dobbs v. Jackson Women's Health Organization, and references the 1992 ruling in Planned Parenthood v. Casey as well as Roe.

WHAT TO KNOW ABOUT DOBBS, THE BIGGEST TEST FOR ABORTION RIGHTS IN YEARS

“We hold that Roe and Casey must be overruled,” Justice Samuel Alito said in the opinion, which was circulated within the court.

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Right now: Barricades are up around the Supreme Court building, just minutes after reports from Politico were leaked indicating SCOTUS has voted to overturn Roe v. Wade.
 

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8:10 PM · May 2, 2022

 

The draft ruling was authored by Alito in February. A leak such as this is unprecedented, as no draft decision in the contemporary history of the court has been revealed while a case is still pending a ruling.

"We're very confident in [the] authenticity of this draft majority opinion, both in the way that we obtained it and other information that we got that supports its authenticity and makes us believe that it is genuine," Politico's Josh Gerstein, who obtained the draft opinion, told MSNBC's Rachel Maddow on her show Monday evening.

 

The court’s holding will not be final until it is published, likely in the next two months.

 

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Apr 11, 2022

The ACLJ is actively working for life in 28 states, engaging in nearly 50 legislative and legal actions, standing up for the unborn and fighting to defeat Planned Parenthood. This comes as we wait for the most monumental pro-life decision in a decade – Dobbs v. Jackson Women’s Health Organization – that could overturn Roe v. Wade. Meanwhile, there is an attack on the pro-life movement at the state level happening right now.

States are already proactively going to the state courts before the Dobbs decision has even been released. For instance, Governor Gretchen Whitmer of Michigan has filed a lawsuit to safeguard abortion in her state even if Roe v. Wade is overturned.

(Snip)

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IT IS EVIDENTLY A NICE ISSUE THAT THE JUSTICE(S) ARE NOTING THAT THE CONSTITUTION DOES -->NOT<-- SAY ANYTHING ABOUT ABORTION ETC. ETC. ETC. 

NO JOKE. 

I'LL BE SO BLESSED WHEN GOD TRASHES THE MARXIST SATANIC CABAL IN CHARGE OF SO MANY THINGS & GOVERNMENTS ON THIS PLANET. 

LONG OVERDUE, imho.

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I STILL DON'T KNOW QUITE WHAT TO MAKE OF DERSHOWITZ . . . BUT I'M GLAD HE SEEMS TO BE COMING DOWN ON THE SIDE OF PATRIOTS . . . EVEN CONSERVATIVE PATRIOTS . . . SEEMINGLY IN CONTRAST TO HIS STANCES 20 YEARS AGO?

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RAY-SHILL MADCOW RANTS IRRATIONALLY LIKE LOTS OF LOBOTOMIZED DIMRATS--ONLY WORSE THAN MOST. 

I SOMETIMES PRAY THAT HER WORDS WILL INCREASINGLY HUMILIATE HER AS GROSSLY STUPID, UNINFORMED ETC. 

SHE IS AN EMBARRASSMENT AS A FELLOW ?HUMAN? AND ?AMERICAN? . . . WHAT A WASTE OF HUMAN FLESH.

 

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TERMINALLY STUPID IDIOTS LIKE THE MARXIST SATANIC RAY-SHILL MADCOW ARE SO BLIND AS TO FAIL TO REALIZE THAT WHEN ONE MAKES INFANTS IN THE WOMB EXPENDABLE BITS OF FLESH, 

THEY ALSO MAKE THEMSELVES SIMILAR. 

HITLER WOULD LOVE THEM ALL. 

THERE'S AN OLD PROVERB . . . THAT A CULTURE CAN BE WELL JUDGED BY HOW IT TREATS IT'S MOST VULNERABLE. 

INFANTICIDE IS A HORRIFIC SIGNAL OF CULTURAL ROT FROM HELL.

 

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Unprecedented SCOTUS leak of draft opinion repealing Roe v Wade

In a clear attempt to influence and intimidate justices of the Supreme Court, Politico has published a leaked 98-page draft opinion in the pending case Dobbs v. Jackson Women’s Health Association. The draft opinion, written by Justice Alito overturning Roe v. Wade and Planned Parenthood v. Casey, is intended to circulate among justices and lead to further discussion. It is not a final opinion.

By igniting a firestorm, enflaming abortion enthusiasts, the leaker(s) and the journalists hope to influence the final decision and votes. A mob has already gathered in front of the Supreme Court, the first and so-far peaceful reaction to the leak. I would not be certain that violence can be ruled out, since, after all, abortion is itself lethal violence.

 

 

This leak is outrageous, and the identity of the leaker ought to be sought out, though with the heavy politicization of the DoJ and FBI, it is unlikely to be a priority. Steven Hayward  of Powerline makes the excellent point:

Liberals love to bleat on these days about how Republicans have been breaching “democratic norms,” but late today one of the most sacrosanct norms of our political order was breached: Someone leaked a draft Supreme Court opinion:snip:

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A decision based on ‘privacy’ leads to the end of privacy at the United States Supreme Court

 

Justice Harry Blackmun's opinion in Roe v. Wade, declaring abortion to be a right under the Constitution was derived from the insertion of a right to privacy under the Constitution.   Disclosure in Politico of a draft opinion to upend the Blackmun ruling by Justice Samuel Alito, Jr. indicates that the privacy in Supreme Court decision-making, indeed the very sanctity of the high Court, is at an end, torn down by the inexcusable entry of domestic politics into the judicial process.

 

The Politico article assumes the authenticity of the opinion attributed to Justice Alito.  The fact that he wrote the decision strongly suggests that Chief Justice John Roberts is not included in the alleged majority decision to reverse Roe.  It seems more likely than not that had the chief justice agreed to the reversal, he would have assigned the opinion to himself.  That Justice Alito wrote the draft overturning Roe indicates that with the chief in the minority, the senior justice in the minority, Justice Clarence Thomas, assigned the opinion to Justice Alito.

Speculation on the leaker has fallen on one of the 36 law clerks to the justices.  This, for example, is the view of Brian Fallon, a former press secretary to Hillary Clinton.  Democrats, as reported by Politico, which first posted the leak, are hoping that it will galvanize the Democrat base to block Republican gains in November's midterm elections.:snip:

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Jonathan Turley: Supreme Court Abortion Decision Leak ‘Original Sin for Judicial Ethics’

Whoever leaked the alleged draft of the Supreme Court’s decision to overturn Roe v. Wade has committed the “original sin for judicial ethics,” said Jonathan Turley, criminal defense attorney and Shapiro professor of public interest law at George Washington University.

:snip:“The alleged leak of the opinion in Dobbs v. Jackson Women’s Health Organization is nothing short of breathtaking. It would constitute one of the greatest breaches of security in the history of the Court,” Turley tweeted. “…The article represents the greatest crisis that Chief Justice John Roberts has faced in his tenure on the Court. It is a breach of the most fundamental obligations and traditions of the Court.”

 

Turley noted that if Politico indeed obtained a true copy of the drafted opinion, “it is hard not to view this as a malicious act.”

“What is the motivation of releasing such a decision? The only intent of such a leak is to trigger a response from outside of the Court,” he continued. “…This draft is from February and the majority can shift on such opinions. However, the act of leaking such a draft opinion ranks as an original sin for judicial ethics.”

He surmised the leak could be an effort to “pressure the Court and push the legislation in Congress on a federal abortion law before the midterm elections. It will also likely renew the call for court packing.”:snip:

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6 hours ago, KWARX said:

I STILL DON'T KNOW QUITE WHAT TO MAKE OF DERSHOWITZ . . . BUT I'M GLAD HE SEEMS TO BE COMING DOWN ON THE SIDE OF PATRIOTS . . . EVEN CONSERVATIVE PATRIOTS . . . SEEMINGLY IN CONTRAST TO HIS STANCES 20 YEARS AGO?

 

He is basically an Old School Liberal (not Leftist)

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1 hour ago, Geee said:

 

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(CNN) — Roberts does NOT want to completely overturn Roe v Wade, meaning he apparently would be dissenting from Alito's draft opinion, likely w the court's 3 liberals, sources tell CNN.   Roberts is willing, however, to uphold MS law banning abortion at 15 weeks, CNN learned.
 

 

I believe he is correct. I think Roberts is an incrementalist. He wants (i this case) to move inn small steps. As opposed to Justice Samuel Alito and his gang who say To Hell With It Nuke It!

 
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17 minutes ago, Valin said:

I believe he is correct. I think Roberts is an incrementalist. He wants (i this case) to move inn small steps. As opposed to Justice Samuel Alito and his gang who say To Hell With It Nuke It!

 

IMHO  it should be all about whether or not the original decision is constitutional. Period.

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3 hours ago, Geee said:

 

In regards to This particular leak, all I can say is look at where there Justices get their Law Clerks? Harvard, Yale, etc etc law schools. It would not surprise me in the least to find the leaker worked in one of the Leftist Justices. I'll go farther than that and say it was done with a wink and a nod from the Justice.

We have to remember for The Left Abortion is Sacred.

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1 minute ago, Valin said:

 

In regards to This particular leak, all I can say is look at where there Justices get their Law Clerks? Harvard, Yale, etc etc law schools. It would not surprise me in the least to find the leaker worked in one of the Leftist Justices. I'll go farther than that and say it was done with a wink and a nod from the Justice.

We have to remember for The Left Abortion is Sacred.

 

Power Line

 

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My first thought upon hearing the news was that the leak was attributable to Justice Sotomayor or a law clerk who works for her. I cannot believe a law clerk would leak the opinion on his own, but I can’t believe a justice would leak it either. We are left in the realm of sheer speculation. Steve’s update 2 bears on the question and points toward a law clerk, but does not take us beyond sheer speculation in the current case.

 

Do they teach Ethics in Law Schools anymore? Actually to they teach/talk about Ethics in schools at all anymore? Or is it just Win At Any Price?

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