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….
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.
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.