Politico: SCOTUS Striking Down Roe v. Wade According to Leak

 

Do we trust Politico? Can we trust a leak from the most leak-free branch of the government? Here’s their breaking story:

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.”

This is all very, very odd. The Supreme Court is famed for not leaking decisions before they are officially announced. In the past, there hasn’t been even a hint of which way a pending case may break. If the leak is accurate, it violates a sacrosanct tradition which will damage the court’s reputation and congenial relations between the justices and their staff.

The 98-page draft allegedly came “from a person familiar with the court’s proceedings in the Mississippi case along with other details supporting the authenticity of the document.”

One Alito quote reads: “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.” The leaker claims Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett agree with Alito.

If the leak is genuine and Roe v. Wade will be overturned, I think this helps the conservative side, at least slightly. It lets some hot air out of the balloon before the official announcement, lessening any possible midterm blowback. Far, far more importantly, it will save babies’ lives.

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  1. Jerry Giordano (Arizona Patriot) Member
    Jerry Giordano (Arizona Patriot)
    @ArizonaPatriot

    DonG (CAGW is a Hoax) (View Comment):

    Miffed White Male (View Comment):

    HeavyWater (View Comment):
    The leaker claims Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett agree with Alito.

    Roberts is such a politician that I’d think he’d vote with the majority side just so it would be a 6-3 decision instead of 5-4.

    Roberts has the reputation of joining the majority and then writing the opinion to be as narrow as possible. Thomas is most senior, so he would write the majority if Roberts is in the minority.

    I think that the senior Justice in the majority assigns the opinion, but doesn’t have to write it personally.

    • #31
  2. EHerring Coolidge
    EHerring
    @EHerring

    Django (View Comment):

    FWIW: Dershowitz: I Believe Liberal Law Clerk Leaked Decision on Roe v Wade (rumble.com)

    New lefty justice confirmed… A leak happens. Hmmm

    • #32
  3. DonG (CAGW is a Hoax) Coolidge
    DonG (CAGW is a Hoax)
    @DonG

    I wonder if anybody working the Capitol Police or MPD is making any preparations right now….

    Facebook has some live cams from SCOTUS building.  https://www.facebook.com/watch/live/?ref=search&v=692633145357577

     

    • #33
  4. DaveSchmidt Coolidge
    DaveSchmidt
    @DaveSchmidt

    Metalheaddoc (View Comment):

    This has to be fake. SCOTUS doesn’t leak. If so, the responsible staffer should be fired and permanently disbarred if they are a lawyer.

    Send him/her/them to Gitmo. 

    • #34
  5. philo Member
    philo
    @philo

    If true (via Instapundit):

    the leaker should never work in law again. 

    and

    “The Court should issue the Dobbs opinion as soon as possible. Do it tomorrow. Don’t wait till Thursday, or next Monday, or the end of June. The longer this process drags on, the worse the Court will be . . . if any members of the majority changed their vote in response to the leak, that change will be seen as a direct response to this leak.”

    Both true…and critical  

    • #35
  6. Columbo Member
    Columbo
    @Columbo

    Django (View Comment):

    Saint Augustine (View Comment):

    Columbo (View Comment):

    Saint Augustine (View Comment):

    If this happens, it’ll be good for Republican voter turnout. Give them reason to think their party and judicial appointees will do something right and make the effort worth it from time to time. Give them reason to fight the next battle. The idea that we should keep GOP voters coming back every election for the Roe battle is ridiculous.

    But, conversely, the dems DO keep bringing dem voters back every election for the battle to keep Roe. We will see nothing but clothes hangers and dark alleys for months.

    That may be. But betraying GOP voters yet again is not worth avoiding that.

    More importantly, of course: Do what’s right. Don’t bother with 4D chess. “Even the very wise cannot see all ends,” and I am not even very wise.

    The GOPe has been great at finding campaign issues and managing to keep them alive all the way to the next election. They’ve ridden Roe into the ground. Time to act or be revealed as the frauds I truly believe they are.

    That train is so far from the station I can’t believe there are any left that do not already think the leadership are frauds and liars. Excluding the willingly duped.

    • #36
  7. DaveSchmidt Coolidge
    DaveSchmidt
    @DaveSchmidt

    HeavyWater (View Comment):

    I do think that the US Supreme Court will overturn Roe v Wade. Perhaps it will be a 5 to 4 decision with John Roberts siding with the 3 Lefties and Gorsuch, Alito, Kavanaugh, Thomas and Barrett voting to overturn.

    Roberts is a Beta man who will always worry about the reputation of the Court.

    • #37
  8. Doctor Robert Member
    Doctor Robert
    @DoctorRobert

    Look at the document in the story.  Would a first draft be formatted the same way as a final release?  One wonders.

    • #38
  9. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    kedavis (View Comment):

    Haven’t the votes already been made?  So it’s too late for Roberts to test the waters and decide which way to vote.

    They do say he changed his mind last-minute on an Obamacare case.

    • #39
  10. Bishop Wash Member
    Bishop Wash
    @BishopWash

    HeavyWater (View Comment):

    If Roe is overturned, it will be interesting to see how far some of the deep blue states are going to go to interfere with abortion policy in the red states.

    For example, right now California has a huge surplus, over 50 billion, I think. The California legislature is 75 percent Democrat and the governor is Leftist.

    So, how much do you want to bet that the California legislature and governor will appropriate money to purchase airline tickets for pregnant women in red states so that they can fly to California for an abortion? If California is willing to fund health care and unemployment insurance for illegal aliens, why wouldn’t they fund abortion for people who don’t even life in California?

    A guest on the Federalist podcast a few months ago mentioned a consequence of the Kung Flu lockdown. Telemedicine increased and abortionists started prescribing more chemical abortions. It made the situation worse as the girls’ progress wasn’t being confirmed and they weren’t being monitored while taking the medicine. The guest predicted that states like California would use this precidence to ship out chemical abortions if Roe is overturned.

    • #40
  11. Goldwaterwoman Thatcher
    Goldwaterwoman
    @goldwaterwoman

    I am a pro-choice woman of four wanted children who has long hoped Roe v Wade would be overturned as it is most definitely a decision that belongs to the states. Since I live in blue Washington, I fully expect abortion will be legalized here by our legislature, and that’s the way it should be. If a state doesn’t want abortion and a law to that effect  is passed by their legislature, that’s okay too. In 1791 the 10th amendment clearly stated those rights not specifically spelled out in the US Constitution belonged to the individual states. The Supremes need to take this seriously in future decisions.

    • #41
  12. DonG (CAGW is a Hoax) Coolidge
    DonG (CAGW is a Hoax)
    @DonG

    DonG (CAGW is a Hoax) (View Comment):

    I wonder if anybody working the Capitol Police or MPD is making any preparations right now….

    Facebook has some live cams from SCOTUS building. https://www.facebook.com/watch/live/?ref=search&v=692633145357577

     

    Barricades are now up around the building and MPD is patrolling. 

    The Ministry of Truth is going to have busy first week.

    • #42
  13. Tyrion Lannister Inactive
    Tyrion Lannister
    @TyrionLannister

    I think it’s authentic- I read the article and part of the draft.  It’s a draft and not final- so it can change.  Votes can still change though it’s unlikely.  The person who writes the decision can also change.  This is Alito’s draft- it could end up being Thomas who publishes the decision.

    It appears to be a likely 5-4 decision.  Thank God for Donald Trump.  I hope I’m not getting my hopes up!  

    • #43
  14. Django Member
    Django
    @Django

    • #44
  15. Jerry Giordano (Arizona Patriot) Member
    Jerry Giordano (Arizona Patriot)
    @ArizonaPatriot

    Jon, thanks for the report and the link.

    I’ve read the purported draft opinion.  I’m not particularly impressed by the proper formatting — it is proper, but it’s pretty easy to format something.

    I find that the purported draft reads like a SCOTUS opinion.  If it’s a hoax, it’s an elaborate one, and very well done.

    I’m very familiar with the tone of SCOTUS opinions.  I’m not sufficiently familiar with Justice Alito’s style to be able to identify this writing as his.

    • #45
  16. Joseph Stanko Coolidge
    Joseph Stanko
    @JosephStanko

    Metalheaddoc (View Comment):

    This has to be fake. SCOTUS doesn’t leak. If so, the responsible staffer should be fired and permanently disbarred if they are a lawyer.

    If genuine, this could be the end of a staffer’s promising young career.

    But it’s also the sort of emotionally-charged issue that I could imagine an idealistic young progressive might think worth sacrificing her career for. 

    • #46
  17. navyjag Coolidge
    navyjag
    @navyjag

    Gary Robbins (View Comment):

    Metalheaddoc (View Comment):

    I still think the story is bogus.

    Any bets on Roberts siding with the libs?

    I suggest that you go to the Politico story, and see that the document they cited is in the exact form as it would be published in the U.S. Reports. No, the form is pitch perfect, I think that this is an actual 1st Draft of Alito’s opinion.

    The writing is crisp and clear. It was like music to my ears. I was in law school from 1973 to 1976. I was one of a very small minority at the time who saw Roe as bad law.

    One of the great aspects of the Supreme Court is their ability to keep a secret until the opinion is actually released. This breach of confidentiality is terrible and I hope that the person who did it is caught and punished severely.

    We are on same side on this issue. Leave it up to the states.  But the leak part is NY Time Pentagon Papers stuff. Looks like a Yale law grad Sontamayor clerk. Figures. Hope she gets disbarred. 

    • #47
  18. navyjag Coolidge
    navyjag
    @navyjag

    Miffed White Male (View Comment):

    HeavyWater (View Comment):
    The leaker claims Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett agree with Alito.

    Roberts is such a politician that I’d think he’d vote with the majority side just so it would be a 6-3 decision instead of 5-4.

    If we are lucky.  Have not trusted this guy since the Obamacare decision. 

    • #48
  19. navyjag Coolidge
    navyjag
    @navyjag

    Django (View Comment):

    Let’s hope. With a request they disbar the law clerk who leaked it and impeach the Justice who suggested it.  Sorry, great Latina!

    • #49
  20. Leslie Watkins Member
    Leslie Watkins
    @LeslieWatkins

    HeavyWater (View Comment):

    If Roe is overturned, it will be interesting to see how far some of the deep blue states are going to go to interfere with abortion policy in the red states.

    For example, right now California has a huge surplus, over 50 billion, I think. The California legislature is 75 percent Democrat and the governor is Leftist.

    So, how much do you want to bet that the California legislature and governor will appropriate money to purchase airline tickets for pregnant women in red states so that they can fly to California for an abortion? If California is willing to fund health care and unemployment insurance for illegal aliens, why wouldn’t they fund abortion for people who don’t even life in California?

    Gavin Newsom has already announced that California will become a “sanctuary” for women around the country seeking abortions, including paying airfare. (I can’t find a shareable link; google it for dozens.) Given the immense sociopolitical polarization of this particular moment, I imagine that numerous states will take up the same cause as a result of the issue returning to state legislatures. It’s a shame, but making abortion illegal again will not stop most abortions from taking place.

    • #50
  21. Django Member
    Django
    @Django

    navyjag (View Comment):

    Django (View Comment):

    Let’s hope. With a request they disbar the law clerk who leaked it and impeach the Justice who suggested it. Sorry, great Latina!

    Since Laura Ingraham clerked for Justice Thomas, I thought I’d watch a bit to see her take. At one point, she mentioned some names that have come up, but said she wouldn’t mention any on TV. She did say that when she attended her orientation, Rehnquist said that if anyone leaked anything, that person’s career was over.

    • #51
  22. TBA Coolidge
    TBA
    @RobtGilsdorf

    DaveSchmidt (View Comment):

    HeavyWater (View Comment):

    I do think that the US Supreme Court will overturn Roe v Wade. Perhaps it will be a 5 to 4 decision with John Roberts siding with the 3 Lefties and Gorsuch, Alito, Kavanaugh, Thomas and Barrett voting to overturn.

    Roberts is a Beta man who will always worry about the reputation popularity of the Court.

    – is my take. 

    • #52
  23. Mike H Coolidge
    Mike H
    @MikeH

    Jerry Giordano (Arizona Patrio… (View Comment):

    Jon, thanks for the report and the link.

    I’ve read the purported draft opinion. I’m not particularly impressed by the proper formatting — it is proper, but it’s pretty easy to format something.

    I find that the purported draft reads like a SCOTUS opinion. If it’s a hoax, it’s an elaborate one, and very well done.

    I’m very familiar with the tone of SCOTUS opinions. I’m not sufficiently familiar with Justice Alito’s style to be able to identify this writing as his.

    Scotusblog thinks it’s legit

    • #53
  24. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    Did Alito write it alone, or did the ghost of Scalia help?  Are there any references to fortune cookies or applesauce?

    Also, do people, as they read it, fancy they can faintly hear the music of angelic choirs echoing somewhere off in the distance? Or perhaps some muffled snarling as if from angry demons under the floorboards?

    • #54
  25. Leslie Watkins Member
    Leslie Watkins
    @LeslieWatkins

    Goldwaterwoman (View Comment):

    I am a pro-choice woman of four wanted children who has long hoped Roe v Wade would be overturned as it is most definitely a decision that belongs to the states. Since I live in blue Washington, I fully expect abortion will be legalized here by our legislature, and that’s the way it should be. If a state doesn’t want abortion and a law to that effect is passed by their legislature, that’s okay too. In 1791 the 10th amendment clearly stated those rights not specifically spelled out in the US Constitution belonged to the individual states. The Supremes need to take this seriously in future decisions.

    Theoretically you’re correct, of course, but what about the crazies?!? I kid (a bit), but most women I know are not versed in civics and will see this as a  Republican coup d’etat, not a return to federalism. And, well, I’m dreading it.

    • #55
  26. navyjag Coolidge
    navyjag
    @navyjag

    Leslie Watkins (View Comment):

    HeavyWater (View Comment):

    If Roe is overturned, it will be interesting to see how far some of the deep blue states are going to go to interfere with abortion policy in the red states.

    For example, right now California has a huge surplus, over 50 billion, I think. The California legislature is 75 percent Democrat and the governor is Leftist.

    So, how much do you want to bet that the California legislature and governor will appropriate money to purchase airline tickets for pregnant women in red states so that they can fly to California for an abortion? If California is willing to fund health care and unemployment insurance for illegal aliens, why wouldn’t they fund abortion for people who don’t even life in California?

    Gavin Newsom has already announced that California will become a “sanctuary” for women around the country seeking abortions, including paying airfare. (I can’t find a shareable link; google it for dozens.) Given the immense sociopolitical polarization of this particular moment, I imagine that numerous states will take up the same cause as a result of the issue returning to state legislatures. It’s a shame, but making abortion illegal again will not stop most abortions from taking place.

    So what? Isn’t the issue about what the states can do vis a vis their citizens?  My old pals in Oklahoma just passed a Texas style very restrictive abortion decision re: 15 weeks. So a 15 year old chick who gets knocked up and wants an abortion can’t get a leftist abortion group to give her a bus ticket to Colorado to get an abortion? Give me a break. 

    • #56
  27. mildlyo Member
    mildlyo
    @mildlyo

    This is exactly what I was expecting to happen if Roe was overturned.

    I was starting to think that the decision not leaking was a sure sign that SCOTUS was going to disappoint me again.

    • #57
  28. Django Member
    Django
    @Django

    • #58
  29. kedavis Coolidge
    kedavis
    @kedavis

    Joseph Stanko (View Comment):

    Metalheaddoc (View Comment):

    This has to be fake. SCOTUS doesn’t leak. If so, the responsible staffer should be fired and permanently disbarred if they are a lawyer.

    If genuine, this could be the end of a staffer’s promising young career.

    But it’s also the sort of emotionally-charged issue that I could imagine an idealistic young progressive might think worth sacrificing her career for.

    Career-ending?  Have you met the Left?

    • #59
  30. Leslie Watkins Member
    Leslie Watkins
    @LeslieWatkins

    DaveSchmidt (View Comment):

    HeavyWater (View Comment):

    I do think that the US Supreme Court will overturn Roe v Wade. Perhaps it will be a 5 to 4 decision with John Roberts siding with the 3 Lefties and Gorsuch, Alito, Kavanaugh, Thomas and Barrett voting to overturn.

    Roberts is a Beta man who will always worry about the reputation of the Court.

    Are you sure about Kavanaugh?

    • #60
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