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Thread: Supreme Court Set To Overturn Roe v Wade, Leaked Draft Opinion Shows

  1. #1

    Supreme Court Set To Overturn Roe v Wade, Leaked Draft Opinion Shows


    Supreme Court Set To Overturn Roe v Wade, Leaked Draft Opinion Shows
    By Tyler Durden
    Monday, May 02, 2022 - 06:59 Pm
    Supreme Court Set To Overturn Roe v Wade, Leaked Draft Opinion Shows | ZeroHedge

    A leaked draft of a US Supreme Court decision reveals that 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."


    Politico highlighted these 10 passages from the draft opinion:

    "We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision...."

    "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. It is time to heed the Constitution and return the issue of abortion to the people's elected representatives."

    "In the years prior to [Roe v. Wade], about a third of the States had liberalized their laws, but Roe abruptly ended that political process. It imposed the same highly restrictive regime on the entire Nation, and it effectively struck down the abortion laws of every single State. ... [I]t represented the 'exercise of raw judicial power'... and it sparked a national controversy that has embittered our political culture for a half-century."

    "The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation's history and traditions. On the contrary, an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of the common law until 1973."

    "In some States, voters may believe that the abortion right should be more even more [sic] extensive than the right Casey and Roe recognized. Voters in other States may wish to impose tight restrictions based on their belief that abortion destroys an 'unborn human being.' ... Our nation's historical understanding of ordered liberty does not prevent the people's elected representatives from deciding how abortion should be regulated."

    "We have long recognized, however, that stare decisis is 'not an inexorable command,' and it 'is at its weakest when we interpret the Constitution.' It has been said that it is sometimes more important that an issue 'be settled than that it be settled right.' But when it comes to the interpretation of the Constitution — the 'great charter of our liberties,' which was meant 'to endure through a long lapse of ages,' we place a high value on having the matter 'settled right.'"

    "On many other occasions, this Court has overruled important constitutional decisions. ... Without these decisions, American constitutional law as we know it would be unrecognizable, and this would be a different country."

    "Casey described itself as calling both sides of the national controversy to resolve their debate, but in doing so, Casey necessarily declared a winning side. ... The Court short-circuited the democratic process by closing it to the large number of Americans who dissented in any respect from Roe. ... Together, Roe and Casey represent an error that cannot be allowed to stand."

    "Roe certainly did not succeed in ending division on the issue of abortion. On the contrary, Roe 'inflamed' a national issue that has remained bitterly divisive for the past half-century....This Court's inability to end debate on the issue should not have been surprising. This Court cannot bring about the permanent resolution of a rancorous national controversy simply by dictating a settlement and telling the people to move on. Whatever influence the Court may have on public attitudes must stem from the strength of our opinions, not an attempt to exercise 'raw judicial power.'"

    "We do not pretend to know how our political system or society will respond to today's decision overruling Roe and Casey. And even if we could foresee what will happen, we would have no authority to let that knowledge influence our decision. We can only do our job, which is to interpret the law, apply longstanding principles of stare decisis, and decide this case accordingly. We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives."


    ...











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  2. #2
    Administrator fuego's Avatar
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    Not sure they should be leaking that stuff. Unless it's to get the liberals riled up and start to campaign against the decision before it has happened. Or have they already voted and it's a done deal and that is what has leaked, the opinion from it?

  3. #3
    Administrator fuego's Avatar
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    Quote Originally Posted by fuego View Post
    Not sure they should be leaking that stuff. Unless it's to get the liberals riled up and start to campaign against the decision before it has happened. Or have they already voted and it's a done deal and that is what has leaked, the opinion from it?
    After I said this found some opinions that agreed there was an agenda behind it.







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    Administrator fuego's Avatar
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    SHAPIRO: Draft Supreme Court Majority Opinion Leaks STRIKING DOWN Roe v. Wade. Here’s What All Of That Means. | The Daily Wire

    Excerpt:

    Who Leaked The Decision?

    But there is another issue, here, too: who leaked the draft decision?

    This is not an ancillary issue – it's absolutely primary. It's primary for two reasons.

    First, the draft decision is just that: a draft decision. No one has presumably voted for it yet. Drafts change over time; they are subject to feedback from other members of the majority.

    The attempt to leverage public pressure against the justices is an attempt to strangle the Alito majority opinion in the crib, to generate fractures on the Court. Were the final Court decision to depart widely from Alito's draft now, it would be crystal clear that public pressure played the main role. And that is the reason the draft was leaked. The Supreme Court, which supposedly is above petty politics, will now be subjected to a tsunami of threats from a snarling left-wing enraged by the prospect of restrictions on killing in the womb.

    Second, the leak of the draft decision demonstrates the absolute disdain that the legal Left holds for the rule of law. As SCOTUSblog puts it: "It's impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff. This leak is the gravest, most unforgivable sin."

    Whomever leaked this – and the smart bet is on some social activist in Justice Sonia Sotomayor's office – should immediately be prosecuted. Instead, watch for the media to treat the leaker as either an afterthought or as a hero. After all, the Left treats leaks of IRS documents as fine, so long as they target the right people; the leak of unverified smut about the sitting president in the Steele Dossier was treated as both newsworthy and courageous by the press.

  5. #5
    The leak is unprecedented in SCOTUS history. We also have an other precedent set recently by a member that doesn't know what a woman is.

    If you want to ask "who", that would be the logical start.

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    So if the Son sets you free, you will be free indeed. John's Avatar
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    Quote Originally Posted by fuego View Post

    [U]Whomever leaked this – and the smart bet is on some social activist in Justice Sonia Sotomayor's office
    Yeah, the internet sleuths are already connecting the dots.



    Just speculation though.

  8. #7
    Quote Originally Posted by John View Post
    Yeah, the internet sleuths are already connecting the dots.



    Just speculation though.
    It's the logical guess.

  9. #8
    They need to do SOMETHING to get the left to go to the polls this fall. I'm kind of surprised they leaked it this early. From what I've seen, the left (and some on the right) have NO idea what this decision would mean. In most states, the abortion law would not change, but still, it should be decided on the state level. What this COULD do, is set a precedent to start striking down even more bad law. Of course, I'm also wondering what our wonderful government plans to do while we're all looking at the "shiny object."

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    Senior Member Pentecali's Avatar
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    Is there any penalty for this?

    Or will it be another case like Hillary, Hunter Biden and a host of others who are above the law?

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    Administrator fuego's Avatar
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    Quote Originally Posted by Pentecali View Post
    Is there any penalty for this?

    Or will it be another case like Hillary, Hunter Biden and a host of others who are above the law?
    I'll be shocked if anything happens to the leaker.

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