Monday, May 02, 2022

Today's Big Rumor

If it's truly a leak, it's one of the most malicious ever to happen to the Supreme Court.  Politico is reporting that the Court is preparing to overturn Roe v. Wade:

The Supreme Court has voted to strike down the landmark Roe v. Wade decision, according to an initial draft majority opinion written by Justice Samuel Alito circulated inside the court and obtained by POLITICO.

The draft opinion is 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,” Alito writes.

“We hold that Roe and Casey must be overruled,” he writes in the document, labeled as the “Opinion of the Court.” “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives"...

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.

Bet you weren't expecting news like that when you woke up this morning, were you? 

Anyway, I would agree with this ruling.  Roe is bad law, was a product of its time, and needs to be overturned.  I see no protection for abortion in the Constitution, and the states are the appropriate place for this debate to be held.  To me that's a conservative view.

Update:  A friend texted, "You're about to see how truly evil the modern Left is at every level."  Yep.

Update #2:  From Instapundit:  

A friend comments: “Whatever position you may have on the issue, leaking a draft SCOTUS opinion to try to change the outcome of a case is a new level of brinksmanship that speaks to the hyperpoliticization of law schools and an accompanying valorization of ‘activism’ in higher ed.”

Assuming this was leaked by a clerk, the leaker should never work in law again. It’s a betrayal of the highest order. But, of course, professionalism has proven to be weak sauce indeed when it comes to restraining activism.

3 comments:

Anna A said...

If a clerk did it, and with some of the more left wing justices, I wouldn't be surprised, they should only be able to work at a sewage plant.

Math Teacher said...

If a clerk did it, he or she (or xe) won't have to worry about a career in law. A show on MSNBC awaits.

Steve USMA '85 said...

20 years ago, if caught, they couldn't get a job anywhere in their field. Today? Well my son put it best. Remember when soldier released top secret documents to Wikileaks? That person got a free sex change and a pardon from the President. The Supreme Court person will probably get a lucrative book deal and a job offer from CNN.