‘Roe was egregiously wrong from the start,’ Alito writes. ‘We hold that Roe and Casey must be overruled,’ he continues in the document, titled ‘Opinion of the Court.’
‘It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.’
Politico noted that this is the first such case in modern history of a Supreme Court draft decision being leaked to the public while the case was still pending.
Politicao executive editor Dafna Linzer sent a note to staff after the story posted, expressing confidence in the story and their verification of the draft opinion.
‘After an extensive review process, we are confident of the authenticity of the draft. … We take our responsibilities to our readers with the greatest seriousness,’ she noted.
If the decision is adopted, it would return the issue of abortions to the states with about half of the 50 states set to immediately impose broad abortion bans. Any state could still legally allow the procedure.
‘There are lots of signals the opinion is legit,’ wrote Supreme Court attorney Neal Katyal on Twitter. ‘The length and depth of analysis, would be very hard to fake. It says it is written by Alito and definitely sounds like him. It’s 60+ pages long.’
Big news if true, and midterms could be back in play for D-party.
Even if that was politically feasible (it’s not), you can’t retroactively decide on court decisions that have already been argued and you weren’t present for. My guess is a disgruntled law clerk leaked this, but I don’t think it’ll change anything.
Party that loses something is always more motivated than party that gains something. Look at Obamacare being passed; that drove out Republicans, not Democrats. I don’t know if this will be enough to mitigate other factors in this midterm, such as inflation, but it’ll clearly help Dems I think.
And from the looks of it, will have a lifetime of health issues.
That said, I don’t support abortions past 18 weeks or so, unless the health of the mother is in danger. By that point you have enough time to make an informed decision about whether you’re prepared to be a mom (some people just shouldn’t) or if the pregnancy was the result of rape, incest, etc.
Stop hyperventilating. Legalized abortion was legislated by five non-elected, unaccountable public officials in the first place. Nothing is stopping abortion from being legalized now the democratic way.
It’s not retroactive, because the final decision is not yet made, hence the draft opinion. As Alan Dershowitz notes here, it was leaked in advance of a final decision quite deliberately and as he notes one of the things that might cut this decision off is packing the court. Prompted at 2.45
There have already been quite a few incidents in Texas where miscarriages went south and the mother had to be airlifted to another state due to medical teams not being legally allowed to remove the now very dead pile of tissue threatening her life.