Protests have already begun outside Scotus…
A massive protest is forming in front of the Supreme Court in support of protecting women’s bodily autonomy. I’m proud our staff members are part. pic.twitter.com/I6MyzhoYex
— Bill Pascrell, Jr. 🇺🇸🇺🇦 (@BillPascrell) May 3, 2022
Breaking: Protesters have already gathered at the Supreme Court building in Washington DC
To protest an alleged leaked draft that struck down the Initial ruling in Roe v. Wade casee #RoeVWade pic.twitter.com/3FB6rQJ3QC
— 444CNews (@444CNews) May 3, 2022
A couple hundred people or so have gathered tonight outside of the Supreme Court to protest the draft decision overturning Roe v Wade. They’re chanting slogans like “abortion is healthcare” and “my body, my choice.” pic.twitter.com/kIFwLjBDAP
— Paul McLeod (@pdmcleod) May 3, 2022
WATCH: Protests erupt outside the U.S. Supreme Court building in Washington amid reports that the court has decided to overturn Roe v. Wade pic.twitter.com/goUbEokyHh
— Cicada News (@cicada_news) May 3, 2022
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. pic.twitter.com/LxR9rbs6TF
— Cami Mondeaux (@cami_mondeaux) May 3, 2022
A leaked draft of a Supreme Court decision reveals 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.”
The Supreme Court has voted to strike down the landmark Roe v. Wade decision, according to a draft majority opinion written by Justice Samuel Alito circulated inside the court and obtained by POLITICO.
Deliberations on controversial cases have in the past been fluid. 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. The court’s holding will not be final until it is published, likely in the next two months.
The immediate impact of the ruling as drafted in February would be to end a half-century guarantee of federal constitutional protection of abortion rights and allow each state to decide whether to restrict or ban abortion. It’s unclear if there have been subsequent changes to the draft.
No draft decision in the modern history of the court has been disclosed publicly while a case was still pending. The unprecedented revelation is bound to intensify the debate over what was already the most controversial case on the docket this term.
Alito wrote: “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.”
A person familiar with the court’s deliberations said that four of the other Republican-appointed justices – Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – had voted with Alito in the conference held among the justices after hearing oral arguments in December, and that line-up remains unchanged as of this week.
The three Democratic-appointed justices – Stephen Breyer, Sonia Sotomayor and Elena Kagan – are working on one or more dissents, according to the person. How Chief Justice John Roberts will ultimately vote, and whether he will join an already written opinion or draft his own, is unclear.
This is why they leaked:
“Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading…The court’s holding will not be final until it is published, likely in the next two months.” (Politico) https://t.co/9k0JfLfYZd
— Andrew Kolvet (@AndrewKsay) May 3, 2022
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.
— SCOTUSblog (@SCOTUSblog) May 3, 2022
“No draft decision in the modern history of the court has been disclosed publicly while a case was still pending. The unprecedented revelation is bound to intensify the debate over what was already the most controversial case on the docket this term.” https://t.co/2os0uJWyUr
— Eamon Javers (@EamonJavers) May 3, 2022
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.”
Probably the greatest violation of unwritten “norms” in the history of the Supreme Court.
And I absolutely guarantee you the leaker spent years railing against President Trump’s undermining of norms. https://t.co/XSa9LaGb66
— Josh Hammer (@josh_hammer) May 3, 2022
Lib clerks are trying to influence a Supreme Court decision via leaking!
Identify and arrest at once!
— Jack Posobiec 🇺🇸 (@JackPosobiec) May 3, 2022
The Supreme Court has voted to strike down Roe v. Wade, according to an initial draft majority opinion written by Justice Samuel Alito and obtained by POLITICO.
“We hold that Roe and Casey must be overruled,” Alito writes. https://t.co/nl3JFLx9xg
— POLITICO (@politico) May 3, 2022
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