“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.”
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.”
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.
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.