Politico reported on a leaked draft of the Supreme Court’s ruling in a case that could overturn Roe v. Wade. According to Politico, the draft was written by Justice Samuel Alito and is a “full-throated, unflinching repudiation” of the Roe decision.
According to the draft shared by Politico, Alito writes that, “Roe was egregiously wrong from the start.”
“We hold that Roe and Casey must be overruled,” Alito reportedly wrote in the draft. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
Politico is quick to point out that deliberations on controversial cases have been fluid in the past.
“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,” Politico wrote. “The court’s holding will not be final until it is published, likely in the next two months.”
Politico reported that Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett joined Alito.
Politico reported that Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan are working on one or more dissents.
Chief Justice John Roberts is reportedly a wild card.
Politico said it received the copy of the draft opinion from a “person familiar with the court’s proceedings” in the Mississippi case.
Politico acknowledges that the disclosure of Alito’s draft is “a rare breach of Supreme Court secrecy and tradition around its deliberations.”
As for the draft, it is just that, a draft. It can be changed. A lot could be changed.
Even with the leak of the draft, there is still plenty of speculation that could follow.
What isn’t speculative is how inappropriate and wrong this leak is.
Legal analyst Jonathan Turley called the leak “nothing short of breathtaking.”
“It would constitute one of the greatest breaches of security in the history of the Court,” he wrote.
Democrat State Rep. Mary Wolfe, a lawyer, called it an “extraordinary leak.”
The fallout will be monumental. Expect to see Democrats pressured to codify Roe. And remember the idea of court-packing? Don’t be shocked to see it resurface.
Speaking of…
We don’t know the final SCOTUS opinion yet, but it’s time to codify Roe v Wade.
We must protect women’s reproductive rights and freedoms. #MyBodyMyChoice
— Liz Mathis (@LizMathis1) May 3, 2022
While the allegation is that President Donald J. Trump was attempting to undermine Americans’ faith in its institutions, the Left is now leaking Supreme Court decisions.
