In an unprecedented turn of events, someone leaked a SCOTUS initial draft majority opinion to overturn Roe v. Wade to Politico.
“We hold that Roe and Casey must be overruled,” writes Justice Samuel Alito in the leaked document. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
“…. 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.”
Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW. And if there aren’t 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.
— Bernie Sanders (@SenSanders) May 3, 2022
The justices that support striking down Roe v. Wade and making abortion a state issue are Justice Alito, Justice Thomas, Justice Barrett, Justice Kavanaugh, and Justice Gorsuch, with Justice Roberts being a flip vote and the three Democrat Justices opposing the overruling.
As many have pointed out, leaking a draft of a SCOTUS vote is unprecedented and appears to be a clear attempt to instigate left-wing riots across the country to pressure justices not to overturn Roe v. Wade.
There are many potential reasons for doing this.
As Politico notes, “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.”
Interference in a Supreme Court decision is a blow to democracy – like, say, stopping an electoral vote
— Jack Posobiec 🇺🇸 (@JackPosobiec) May 3, 2022
The conspirators must be rounded up and arrested and placed next to the J6 detainees
We’ve had leaks about votes and results from #SCOTUS before, but I can’t remember ever seeing a public leak of a complete draft majoroty opinion like this — let alone one of this public significance:https://t.co/Qrcs0Ce91m
— Steve Vladeck (@steve_vladeck) May 3, 2022
Let's be clear: if this happened with the roles reversed, the 'other' side would be screaming absolutely bloody murder about how our 'democracy' is dead. This leak is an attempted sabotage and the same hypocritical narrative spinners will pretend there's nothing to see here.
— Kyle Lamb (@kylamb8) May 3, 2022
Moreover, the leak will have huge ramifications regarding the upcoming midterms and even the 2024 general election, as both sides will indefinitely utilize the decision (and even the draft vote if it’s dropped) as the ultimate wedge issue to argue that if Americans don’t vote for a particular candidate, then Roe v. Wade will or won’t be overturned.
https://twitter.com/cami_mondeaux/status/1521296227291312133
As it stands, many on Twitter are already calling for the Biden administration to pack the courts, and the Supreme Court has been barricaded as they await the impending riots likely to pop off tomorrow afternoon.