SCOTUS Overturning Roe: Is It Finally Happening?

Roe was on a collision course with the Constitution from the day it was decided,” wrote Justice Samuel Alito according to a leaked document obtained by Politico.com.

That document: an alleged draft of a 98-page majority opinion of the U.S. Supreme Court overturning Roe v. Wade and Planned Parenthood v. Casey — both landmark cases which not only federalized abortion but legalized the gruesome practice nationwide. States and communities have been handcuffed in their regulation of the abortion industry ever since Roe was handed down in 1973.

“We hold that Roe and Casey must be overruled,” Alito continued, according to the opinion which, if legitimate, would reverse Roe before it turns half-a-century old next year. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

Before the ticker tape is purchased, The Washington Times urged that a lot may change between now and the time a decision is handed down, likely over the summer.

“While the draft decision obtained by Politico is labeled as the ‘Opinion of the Court,’ justices sometimes change their votes during deliberations. Indeed, it is speculated that the court was ready to strike down Obamacare outright, but Chief Justice John Roberts Jr. switched at the last minute.”

Politico noted the lack of any subsequent drafts or supporting info. The draft opinion was dated “February __ 2022.”

According to Newsmax, Republican Rep. Jim Banks of Indiana, took to Twitter to urge an investigation into this leak of the predominant social issue of our time. “If this was an attempt to intimidate the justices” over their opinions, “the individual responsible must be punished.”

That SCOTUS would take a stab at the cornerstone abortion cases is no surprise. State legislatures in red states have for years passed numerous “test cases” to trigger judicial review in hopes of SCOTUS one day revisiting Roe. Texas and Florida are the glaring examples, though smaller states have also joined the fray. Just today, the Louisiana Senate passed the 2022 Reaffirmation of the Human Life Protection Act by a 29-3 vote. Benjamin Clapper, executive director of Louisiana Right to Life, summarized what pro-life legislative leaders have been banking on all this time:

“If the Supreme Court decides to overturn Roe v. Wade, Louisiana is ready. In 2006, the Louisiana Legislature passed the Human Life Protection Act, which ensures that the state of Louisiana has the authority to prohibit abortion following the demise of Roe. Additionally, the Louisiana Love Life Amendment passed in 2020 protects our body of comprehensive pro-life laws disallowing state judges from ‘finding’ a right to abortion or the funding of abortion in the Louisiana Constitution.”

The text of the SCOTUS draft — what Politico referred to at first glance as “unflinching” — was an apology for the twin decisions of Roe and Casey. Alito compared them to Plessy v Ferguson, the case which infamously held that state-mandated segregation laws did not violate the equal protection clause of the Fourteenth Amendment.

Roe was also egregiously wrong and deeply damaging,” Alito wrote. “For reasons already explained, Roe‘s constitutional analysis was far outside the bounds of any reasonable interpretation of the various constitutional provisions to which it vaguely pointed.”

Numerous sources are reporting on the rarity of a leaked opinion, especially so far in advance of deliberations. The Politico reported that Alito, and fellow Associate Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett were in the majority, but the stances of the other four are unclear.

From the hip: If even a mere rough draft from months ago, it’s clear the majority is preparing to apologize for High Court decisions that played fast and loose with the U.S. Constitution, divided the country as deeply as did segregation, and — lest we neglect what should be the main focus here — gave legal cover for the deaths of 63 million pre-born Americans.

Most Hayride readers have been ready for this event for a long time. Some of us have waited our entire lives. But as mentioned above there is plenty of reason to tap the brakes on any celebration.

For starters, leaks of internal SCOTUS opinions are rare — unheard of according to most SCOTUS bloggers we’ve checked. Someone obviously wanted to be the hero on the major social issue of our time by leaking it and doesn’t mind the disciplinary consequences. As Congressman Banks warned, it could be an intimidation tactic to stymie the opinion. As this is being written, D.C. police are barricading the Supreme Court building in anticipation of major protests tomorrow.

Secondly, Justices often change their minds during deliberations, as noted by the Washington Times regarding ACA. An opinion draft this far in advance is obviously a working document, not the final draft.

Finally, this should be a call to keep praying and working for the life of the unborn. Blue state, liberal county, and big city leftist leaders will pull out every stop they can to find a back door for abortion in the same way the right has found loopholes to stop it where it can. This is not the time to let down our guard but to double our resolve to save unborn babies. It’s also a chance to hone our edges as we answer pro-choice arguments — some on legitimate concerns such as what to do about the life of the mother or how to approach birth control “access” for sexually active teens. The battles are being brought to our doorsteps rather than the Supreme Court steps.

Yet it’s a war that can be won, as polling suggests the nation is swinging toward a pro-life ethic, morally speaking, and at least when it comes to the second trimester and later. Politically, this may become surprisingly relevant in 2022 and ’24: an NPR/Marist poll last week showed Democrats losing parents who have children 18 and under — and this by a margin of 60-39%. If Democrats somehow think unfettered, federally protected “abortion rights” is going to help them keep swing states, they may have yet another major upset coming (hat-tip to The Hayride’s Joe Cunningham for that factoid).

Updates made throughout the evening. Last edit: 10:05 p.m.

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