Politico has obtained a copy of the High Court’s draft opinion on the 1973 abortion rights ruling….
Republican President’s have run on appointing high court judges that would do just this….
Overturn the nation’s law assuring women’s right to have abortions…
The effort has been unrelenting….
With the Trump appointments to the court…
The dye was cast….
The upcoming possible ruling could be changed with the spotlight in the media now….
But probably won’t….
Several Southern and Western state’s have already moved to curtail abortions….
The procedure will NOT go away….
It WILL fall back to the wishes of state lawmakers and Governor’s….
And women….
In addition?
Companies have developed and are selling abortion ‘pills’ that would enable women in anti-abortion states to do things on their own….(Some state’s want to make self abortion a crime)….
Under longstanding court procedures, justices hold preliminary votes on cases shortly after argument and assign a member of the majority to write a draft of the court’s opinion. The draft is often amended in consultation with other justices, and in some cases the justices change their votes altogether, creating the possibility that the current alignment on Dobbs v. Jackson Women’s Health Organization could change.
The chief justice typically assigns majority opinions when he is in the majority. When he is not, that decision is typically made by the most senior justice in the majority.
‘Exceptionally weak’
A George W. Bush appointee who joined the court in 2006, Alito argues that the 1973 abortion rights ruling was an ill-conceived and deeply flawed decision that invented a right mentioned nowhere in the Constitution and unwisely sought to wrench the contentious issue away from the political branches of government.
Alito’s draft ruling would overturn a decision by the New Orleans-based 5th Circuit Court of Appeals that found the Mississippi law ran afoul of Supreme Court precedent by seeking to effectively ban abortions before viability.
Roe’s “survey of history ranged from the constitutionally irrelevant to the plainly incorrect,” Alito continues, adding that its reasoning was “exceptionally weak,” and that the original decision has had “damaging consequences.”
“The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions,” Alito writes.
Alito approvingly quotes a broad range of critics of the Roe decision. He also points to liberal icons such as the late Justice Ruth Bader Ginsburg and Harvard Law Professor Laurence Tribe, who at certain points in their careers took issue with the reasoning in Roe or its impact on the political process.
Alito’s skewering of Roe and the endorsement of at least four other justices for that unsparing critique is also a measure of the court’s rightward turn in recent decades. Roe was decided 7-2 in 1973, with five Republican appointees joining two justices nominated by Democratic presidents.
The overturning of Roe would almost immediately lead to stricter limits on abortion access in large swaths of the South and Midwest, with about half of the states set to immediately impose broad abortion bans. Any state could still legally allow the procedure….
Republican response to the leaked court action….
Republicans spoke out Monday night in response to the leak of a Supreme Court draft ruling that would overturn Roe v. Wade.
Politico published what it said was a draft majority decision, authored by conservative Justice Samuel Alito, that would end federal abortion rights, returning to the state level the legality of the procedure.
While Democrats denounced the substance of the draft ruling, GOP leaders condemned the leak itself, with some saying it was evidence of hostility toward conservative views….
Twenty-two states already have laws or constitutional amendments in place that would allow them to ban abortion as soon as the Supreme Court makes it possible, the HuffPost reports.
They are: Alabama, Arizona, Arkansas, Georgia, Idaho, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West, Virginia, Wisconsin, and Wyoming.
There are four more states as likely to ban abortion in the event that Roe falls, given their current political climates: Florida, Indiana, Montana, and Nebraska.
My Name Is Jack says
No surprise really.
jamesb says
Actually No…….
Gonna be a hot mess going forward though
jamesb says
We’ll see if this also be becomes a important issue for the woman’s vote or the left….
Election’s have consequences…..
The conservative’s waited and worked jard to get this….
Other’s are busy talking about and pushing impossible things….
jamesb says
This is a win fot those who want America to go BACKWARDS to the country of the 1950’s…
I’m sure their next effort will be to mske abortion illegal EVERYWHERE….
jamesb says
If u look at the state map on this u will see the political and cultural divide in America of 2020…..
jamesb says
No comments cept Jack snd myself on this , eh?
jamesb says
High Court’s abortion draft call effect on the US military ….
Though the justices could change their minds and the draft before a final decision is released next month, advocates worry that making abortion illegal so widely and quickly could reduce military readiness; they are are calling on Congress and the Pentagon to ensure troops’ reproductive rights are protected.
Women in the military seeking an abortion already face more restrictions than their civilian counterparts. Abortions cannot be performed at military medical facilities and the cost of the procedures in private facilities aren’t covered by troops’ Tricare health insurance becasue of the Hyde Amendment of 1976, which prohibits the use of federal dollars for abortion unless the life of the mother is at risk, said Sean Timmons, the managing partner of law firm Tully Rinckey’s Houston office.
The repeal of Roe v. Wade is likely to make it more difficult for women in the military to find access to the procedure safely and legally…
More…
jamesb says
Alito’s rant has him now ducking…..
U.S. Supreme Court Justice Samuel Alito has canceled an appearance at a judicial conference set to begin on Thursday after a draft decision he wrote indicating the high court would overturn its landmark 1973 Roe v. Wade decision that guaranteed the right to abortion nationwide was leaked.
Alito had been set to appear at the 5th U.S. Circuit Court of Appeals’ judicial conference, a gathering of judges from the New Orleans-based federal appeals court and the district courts of Louisiana, Mississippi and Texas, a person familiar with the matter said….
More…
jamesb says
Update…
The Supreme Court has been protected with giant, non-scalable fences amid ongoing protests ahead of the expected dismissal of the landmark abortion ruling Roe v. Wade.
Regular bike-rack-style barricades first went up outside the Washington, DC legal institution on Monday after dueling protesters descended within minutes of the publication of a leaked draft opinion that suggested SCOTUS was poised to dismiss the 1973 decision that legalized abortion nationwide.
After three straight days of protests, workers were spotted late Wednesday erecting 8-feet non-scalable fences around the court, similar to the ring of steel set up after the Jan. 6 Capitol siege, Fox 5 said….
More…
jamesb says
This WILL FAIL.….
Senate Judiciary Committee
@JudiciaryDems
BREAKING: Next week, the Senate will vote on legislation to codify the right to access an abortion into federal law.
Zreebs says
The problem is a lot of states have already made certain types of abortions illegal and those laws are now grandfathered in.A woman should have the right to decide rather to give birth.
jamesb says
Agreed Z….