Supreme Court Decision on Overturning Abortion Rights is Leaked
UPDATE: Chief Justice John Roberts has confirmed that a draft opinion leaked to Politico is real.
WASHINGTON (WDEF)- According to a report from Politico on Monday night, the Supreme Court is preparing to overturn abortion rights guaranteed by Roe v. Wade (1973) and Planned Parenthood v. Casey (1992).
It is as a result of a case called Dobbs v. Jackson, which focuses on the Mississippi ban of abortions of pregnancies over 15 weeks. This report obtained a full 98 page draft of Justice Samuel Alito’s majority opinion, of which allegedly Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett are going to concur with. Chief Justice John Roberts according to reports is not voting with the majority, as he is potentially dissenting with Justices Sonia Sotomayor, Elena Kagan, and the retiring Stephen Breyer.
In the purported draft of Justice Alito’s opinion, he apparently argues that, “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.”
Reaction has been swift and strong after the leak was first reported. Democratic Senator and former Presidential candidate Bernie Sanders tweeted late Monday night, “Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW. And if there aren’t 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.” (@SenSanders)
In contrast, Republican Senator and former Presidential candidate Ted Cruz tweeted, “If this report is true, this is nothing short of a massive victory for life and will save the lives of millions of innocent babies.” (@SenTedCruz) Cruz went on to add on the leak itself that, “But while I continue to wait for the Supreme Court’s ultimate opinion, I am appalled by the shocking breach of trust posed by this leak. This is a blatant attempt to intimidate the Court through public pressure rather than reasoned argument. I hope my fellow former clerks and the entire legal community will join me in denouncing this egregious breach of trust.”
President Joe Biden nor has any top elected official in Tennessee commented on this leak as of Tuesday morning.
According to reports, Chief Justice Roberts is expected to launch an investigation with the help of the FBI to determine how the draft opinion of Dobbs v. Jackson was released to Politico. Justices still could change their minds before the final vote on this case is taken. The Court usually releases many majority opinions in June, but no word how this leak will affect their timetable.