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. Skyler Coolidge
    Skyler
    @Skyler

    Judge Mental (View Comment):

    One thing that might come out of it, if true, is pointing out for people the 50 years of leftist propaganda that if Roe v Wade was overturned, women would be forced into back alley abortions. When that doesn’t happen, they’ve got some splainin’ to do.

    They will make sure it happens and they will be there with cameras.

    • #91
  2. Skyler Coolidge
    Skyler
    @Skyler

    Dems will immediately stack the court and then over turn it.  Then republicans will restack.  Eventually the court will have 150 justices.  That seems about right to me.  It will take all the patina of prestige away, which is appropriate since the latest justice has no patina at all.

    • #92
  3. Skyler Coolidge
    Skyler
    @Skyler

    Skyler (View Comment):

    Dems will immediately stack the court and then over turn it. Then republicans will restack. Eventually the court will have 150 justices. That seems about right to me. It will take all the patina of prestige away, which is appropriate since the latest justice has no patina at all.

    Then they will divide the case load up by some means.  It won’t be geographical, because appellate courts already have that.  It would likely be by subject, something like how Texas has two highest courts, one for civil law, one for criminal law.  An en banc decision might still be possible.

    • #93
  4. Doctor Robert Member
    Doctor Robert
    @DoctorRobert

    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.

    If genuine, the young clerk who leaked it will have her choice of faculty positions at any law school in the nation.  Remember, lefties have no honor.  Everything is allowed in service of the cause.

    • #94
  5. Blondie Thatcher
    Blondie
    @Blondie

    EJHill (View Comment):

    John Yoo to the white courtesy phone… call for Mr. John Yoo on the white courtesy phone…

    Funny, that. I had just finished up the latest Law Talk when I read about this “leak”. I immediately wanted to hear what Mr. Yoo had to say now. 

    • #95
  6. DaveSchmidt Coolidge
    DaveSchmidt
    @DaveSchmidt

    Skyler (View Comment):

    Dems will immediately stack the court and then over turn it. Then republicans will restack. Eventually the court will have 150 justices. That seems about right to me. It will take all the patina of prestige away, which is appropriate since the latest justice has no patina at all.

    No wise patina?  

    • #96
  7. DaveSchmidt Coolidge
    DaveSchmidt
    @DaveSchmidt

    Doctor Robert (View Comment):

    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.

    If genuine, the young clerk who leaked it will have her choice of faculty positions at any law school in the nation. Remember, lefties have no honor. Everything is allowed in service of the cause.

    And then fail to get tenure . . . 

    • #97
  8. She Member
    She
    @She

    Sources tonight tell  @JanCBS [Roberts] is likely to order a full-blown investigation, involving the FBI, to determine the source.

    The FBI! Well, that makes me feel better.

    I hope and pray the information contained in the leak is true, that it was true when the draft opinion was written, and that it’s still true today and when the final opinion is released (which, if they’ve any sense, ought to be expedited and very, very, soon.)

    That being said and regardless (or irregardless as the case may be) of the truth of the matter, I would not put it past the Left to run some sort of offstage feint in order to gin up a confrontation in the streets of Washington DC such as has not been seen since January 6 of beloved memory, which effects and importance in the public consciousness seem to be fading as an enfeebled and demented old man dodders his way, along with the country, to hell in a handcart, and as Republican prospects in the mid-term elections seem to be on the upswing.  One false or ill-advised move by those on the right side of this issue (or even those posing as being on the right side of this issue), and, with the willing assistance of the media, the glitterati,  and–no doubt–the FBI and a few twitchy Republican pols, we’ll be sucked back into the vortex.

     

    • #98
  9. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    EHerring (View Comment):

    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

    She’s not seated yet.

    • #99
  10. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

     

    Skyler (View Comment):

    I find it hard to believe. That type of full-throated opinion to over throw such a controversial precedent is unprecedented. If true, the leak was by a dem.

    More likely, it is false and is going to be used to fire up the dem base, who really need it after the Biden debacle.

    To what purpose?

    The decision was going to come out before the elections anyway, so the leak is irrelevant to those.

    • #100
  11. Ekosj Member
    Ekosj
    @Ekosj

    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.

    That used to be obvious.   No more.   The Left has destroyed all the strictures on behavior.   All that matters is what is useful. 
    Disbarred?   Huh.   This person will be a Progressive icon.   They’ll be an analyst at MSNBC in a heartbeat.   Repercussions will be minimal if they exist at all.

    • #101
  12. Matt Bartle Member
    Matt Bartle
    @MattBartle

    Haven’t some States already passed laws that legalize abortion, just in case Roe is overturned?

    I think all blue States and probably a bunch of red States will pass such laws before May is over. And groups will commit to paying the way of anyone who wants an abortion to a State that allows it. So Roe becomes irrelevant except as a symbol well before the election.

    • #102
  13. 9thDistrictNeighbor Member
    9thDistrictNeighbor
    @9thDistrictNeighbor

    DaveSchmidt (View Comment):
    Oh, so the young clerk didn’t go to North Idaho A&M?

    Well, the clerk would be a far better person had they gone to school in Idaho.

    She (View Comment):
    The FBI! Well, that makes me feel better.

    The khakis must have come back from the dry cleaner.

     

    • #103
  14. Ekosj Member
    Ekosj
    @Ekosj

    Miffed White Male (View Comment):

    Skyler (View Comment):

    I find it hard to believe. That type of full-throated opinion to over throw such a controversial precedent is unprecedented. If true, the leak was by a dem.

    More likely, it is false and is going to be used to fire up the dem base, who really need it after the Biden debacle.

    To what purpose?

    The decision was going to come out before the elections anyway, so the leak is irrelevant to those.

    They need to get moving to end the filibuster to (1) pass Federal abortion-rights legislation

    and

    (2) pack the Court

    and it must be done before the potential blowout in November.  Time is of the essence.

    • #104
  15. Stad Coolidge
    Stad
    @Stad

    Django (View Comment):

    Metalheaddoc (View Comment):

    I still think the story is bogus.

    Any bets on Roberts siding with the libs?

    That is my bet. Also, that he is responsible for the leak.

    I think it’s a clerk for one of the libs . . .

    • #105
  16. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    This seems like a nice distraction from Bidens issues.   

    • #106
  17. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    Skyler (View Comment):

    Dems will immediately stack the court and then over turn it. Then republicans will restack. Eventually the court will have 150 justices. That seems about right to me. It will take all the patina of prestige away, which is appropriate since the latest justice has no patina at all.

    You have the first part right.  The Dems would have no issue with stacking.  The GOP would be stopped by something or other.  

    • #107
  18. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    This might give them the outrage necessary to change the election rules so they win in November and beyond.

    • #108
  19. DaveSchmidt Coolidge
    DaveSchmidt
    @DaveSchmidt

    She (View Comment):

    Sources tonight tell @ JanCBS [Roberts] is likely to order a full-blown investigation, involving the FBI, to determine the source.

    The FBI! Well, that makes me feel better.

    I hope and pray the information contained in the leak is true, that it was true when the draft opinion was written, and that it’s still true today and when the final opinion is released (which, if they’ve any sense, ought to be expedited and very, very, soon.)

    That being said and regardless (or irregardless as the case may be) of the truth of the matter, I would not put it past the Left to run some sort of offstage feint in order to gin up a confrontation in the streets of Washington DC such as has not been seen since January 6 of beloved memory, which effects and importance in the public consciousness seem to be fading as an enfeebled and demented old man dodders his way, along with the country, to hell in a handcart, and as Republican prospects in the mid-term elections seem to be on the upswing. One false or ill-advised move by those on the right side of this issue (or even those posing as being on the right side of this issue), and, with the willing assistance of the media, the glitterati, and–no doubt–the FBI and a few twitchy Republican pols, we’ll be sucked back into the vortex.

     

    The Machiavellian me would make the security around the Supreme Court building very light.  As the activists swarm in we will discover if the same concern shown for January 6 will be displayed.  

    • #109
  20. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    This morning, no one at Morning Joe has spoken up for this leaked opinion that Roe and Casey were wrongly decided.  Plessy was also wrongly decided too.

    • #110
  21. DrewInWisconsin, Oik! Member
    DrewInWisconsin, Oik!
    @DrewInWisconsin

    Lefty journos not taking it well.

    Will there be riots? Will they bust into the Supreme Court? Will there be arrests? Will there be barriers beyond which the rioters are not allowed to go (and if they do, they will be thrown in prison for a couple years and abused?)

    Not only will rioters and leakers not be punished, they will be rewarded and suddenly dissent will be allowed again.

    Also, watch for the so-called “conservative” politicians and pundits who clutch their pearls about how awful it will be if Roe v Wade is overturned.

     

    • #111
  22. DrewInWisconsin, Oik! Member
    DrewInWisconsin, Oik!
    @DrewInWisconsin

    Ekosj (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.

    That used to be obvious. No more. The Left has destroyed all the strictures on behavior. All that matters is what is useful.
    Disbarred? Huh. This person will be a Progressive icon. They’ll be an analyst at MSNBC in a heartbeat. Repercussions will be minimal if they exist at all.

    You are correct. The rules and standards have all been thrown on the pyre.

    • #112
  23. EHerring Coolidge
    EHerring
    @EHerring

    Django (View Comment):

    FBI won’t rat on a lefty.

    • #113
  24. EHerring Coolidge
    EHerring
    @EHerring

    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.

    Bingo! Would have a rewarding career elsewhere for being the staffer who leaked and turned on the mob which caused Roberts to cave.

    • #114
  25. kedavis Coolidge
    kedavis
    @kedavis

    DaveSchmidt (View Comment):

    Doctor Robert (View Comment):

    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.

    If genuine, the young clerk who leaked it will have her choice of faculty positions at any law school in the nation. Remember, lefties have no honor. Everything is allowed in service of the cause.

    And then fail to get tenure . . .

    Tenure comes from being a lefty.

    • #115
  26. EHerring Coolidge
    EHerring
    @EHerring

    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!

    My money is on the new justice or her clerks. Was she confined? I have paid little attention to the hellfire that is the Biden Administration and the Dem Congress.

    • #116
  27. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    EHerring (View Comment):

    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.

    Bingo! Would have a rewarding career elsewhere for being the staffer who leaked and turned on the mob which caused Roberts to cave.

    Roberts isn’t listed in the majority for this one, so his vote doesn’t matter.

     

    • #117
  28. EHerring Coolidge
    EHerring
    @EHerring

    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.

    California can go to hell, my state won’t.

    • #118
  29. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    EHerring (View Comment):

    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.

    Bingo! Would have a rewarding career elsewhere for being the staffer who leaked and turned on the mob which caused Roberts to cave.

    If you were a good progressive lawyer clerking for SCOTUS and starting to think that maybe not doing law but wanting a kick in the good old career path this would do it.  I can see a Democrat running on this.  “I was the clerk that blew the whistle on the traitorous backstabbing illegitimate  SCOTUS.”  I can see working on that campaign.

    • #119
  30. EHerring Coolidge
    EHerring
    @EHerring

    Django (View Comment):

    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.

    Roberts doesn’t have the balls to do that ergo the leak.
    Or

    a law deck was given the job to leak and derail the opinion and promised she would be rewarded for doing so. A state like California wouldn’t not disbar her. Run the leak though a Democrat like Schiff and Congress would not investigate.

    • #120
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