Posted on 05/02/2022 7:03:14 PM PDT by Wish2Post
A draft decision indicates that the U.S. Supreme Court is poised to overturn the controversial Roe v. Wade decision that established abortion rights in 1973.
The initial draft majority opinion was obtained by Politico and published on Monday. (SEE: https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473)
The draft is written by Justice Samuel Alito and was reportedly circulated inside the court.
“We hold that Roe and Casey must be overruled,” he writes, referring to a separate decision that defended abortion rights. The leak of a draft opinion is unprecedented in the modern history of the Supreme Court.
“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," Alito continued.
"It is time to heed the Constitution and return the issue of abortion to the people's elected representatives," he adds. The draft decision is related to a challenge against the abortion decision by a Mississippi pro-life law.
“The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions,” Alito concludes. "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."
(Excerpt) Read more at link.theblaze.com ...
Quote from draft opinion regarding rights recognized in Griswold.
What sharply distinguishes the abortion right from the rights recognized in the cases on which Roe and Casey rely is something that both those decisions acknowledged: Abortion destroys what those decisions call “potential life” and what the law at issue in this case regards as the life of an “unborn human being.
“Although the document described in yesterday’s reports is authentic...” - C.J. John Roberts statement, 5/3/22. So, there you have it.
“Although the document described in yesterday’s reports is authentic...” - C.J. John Roberts statement, 5/3/22. So, there you have it.
Yup, that authenticates it. The Court was the only one who could.
SCOTUS WONKS, if Roberts was on the minority side does who writes the majority opinion go by seniority or agreed consensus or round robin or the justice who appellate court the case came from?
If Roberts is in the minority, then the senior justice on the majority gets to assign it. If Alito truly has the majority opinion, then Clarence Thomas assigned it to him.
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