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Law selectors, pages, etc.
By HatetheSwamp
May 3, 2022 3:11 am
Category: Law

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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.

Deliberations on controversial cases have in the past been fluid. Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading, sometimes until just days before a decision is unveiled. The court’s holding will not be final until it is published, likely in the next two months.

A person familiar with the court’s deliberations said that four of the other Republican-appointed justices – Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – had voted with Alito in the conference held among the justices after hearing oral arguments in December, and that line-up remains unchanged as of this week.

POLITICO received a copy of the draft opinion from a person familiar with the court’s proceedings in the Mississippi case along with other details supporting the authenticity of the document. The draft opinion runs 98 pages, including a 31-page appendix of historical state abortion laws. The document is replete with citations to previous court decisions, books and other authorities, and includes 118 footnotes. The appearances and timing of this draft are consistent with court practice.

“The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion,” the draft concludes. “Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.”

Bottom line. If this stands, abortion will not be outlawed. States will be permitted to regulate they had prior to Roe.

This is a draft opinion. The article makes it clear that no final decision has been voted by the Justices. If everything that POLITICO reports stands, the vote is 5-3 for this opinion with Roberts undecided and, undoubtedly politicking for something less radical.

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Comments on "SUPREME COURT DUMPS ROE!--Opinion Leaked":

  1. by HatetheSwamp on May 3, 2022 7:50 am

    On the leak, Jonathan Turley said, "For the Court, this is a 1919, "Say it ain't so, Joe, moment.'"

    Ultimately, baseball explains everything.

  2. by Donna on May 4, 2022 9:10 am
    Cue the 'pearl-clutching': Lisa Murkowski reaps her vote to confirm Amy Coney Barrett to the Supreme Court

    United States Senator Lisa Murkowski (R-Alaska) is one of a handful of moderate Republicans left in Congress who supports abortion rights. But in the wake of Monday's leak of the Supreme Court's forthcoming reversals of Roe versus Wade and Planned Parenthood of Southeastern Pennsylvania versus Casey, Murkowski's vote to elevate Associate Justice Amy Coney Barrett to the bench has come back to haunt her.

    Barrett was nominated on September 26th, 2020, by then-President Donald Trump following the untimely death of Associate Justice Ruth Bader Ginsburg, a champion of reproductive liberty. Barrett, despite having almost no experience, was chosen at the urging of the Federalist Society because of her staunch opposition to protecting women's bodily autonomy.

    During her confirmation hearings, Barrett assured skeptical Senators – notably Republican Susan Collins of Maine – that Roe was an established precedent that would not be overturned.
    Center-right lawmakers like Murkowski took her at her word over the warnings of reproductive rights groups, and she was confirmed 52-48 on October 26th, a mere eight days before the 2020 election.

    Based on the 98-page opinion that was released by Politico on Monday, however, it is clear that Barrett and her Trump-appointed confederates on the High Court were lying under oath to the American people. Incidentally, Associate Justice Samuel Alito – the author of the leaked document – also duplicitously proclaimed during his Senate confirmation hearings in 2006 that Roe and Casey were settled laws of the land "based on stare decisis."

    He added that "when a decision is challenged, and it is reaffirmed, that strengthens its value."

    Murkowski tried to downplay the fact that she got played.

    "Roe is still the law of the land. We don't know the direction that this decision will ultimately take," she told a gaggle of reporters inside the Capitol. "But if, if, it goes in the direction that this leaked copy has indicated, um, I will just tell you that it – it rocks my confidence in the Court right now."

  3. by HatetheSwamp on May 4, 2022 11:21 am

    During her confirmation hearings, Barrett assured skeptical Senators – notably Republican Susan Collins of Maine – that Roe was an established precedent that would not be overturned.

    I don't think Susan Collins is on the Judiciary Committee. AND, Collins voted against ACB. See link.

    You can convince me with a link but I'm as big a fan of ACB as teeny boppers were of David Cassidy 50 years ago. I watched nearly every minute of her hearings. I remember her specifically refusing to answer that question.

    ACB spoke several times about what she called "super precedents" and she did not call Roe one of them.

    And, I remember Chris Coons of Delaware tell her that he would oppose her nomination specifically because she refused to declare herself on Roe.

    Now, I'll acknowledge that I might be wrong. I am a geezer. Dementia runs on both sides of my family...

    ...but, I don't think so.

  4. by Donna on May 4, 2022 1:04 pm
    I just did a little research, and I think you're correct on that.

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