The Supreme Court leak and the resulting political battle will change the dynamics of this election year. If true and Roe is overturned, Republicans will run with the ball, Democrats will, ironically, scream bloody murder, and state legislative races will become extremely important in swing stages.
FNC: “The Supreme Court is poised to strike down Roe v. Wade, according to an unprecedented leak of a draft opinion written by Justice Samuel Alito.
The draft leak obtained by Politico was written in early February. It was not immediately clear if it has been rewritten or revised. The Court has declined to verify or disavow the document. Analysts have suggested the leak may represent an attempt to pressure a Supreme Court justice to change his or her vote on the pivotal case.”
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“We hold that Roe and Casey must be overruled,” Justice Samuel Alito writes in the document, labeled the “Opinion of the Court” for the case Dobbs v. Jackson Women’s Health Organization. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
He wrote that Americans hold “sharply conflicting views” on the subject. “Some believe fervently that a human person comes into being at conception and that abortion ends an innocent life. Others feel just as strongly that any regulation of abortion invades a woman’s right to control her own body and prevents women from achieving full equality. Still others in a third group think that abortion should be allowed under some but not all circumstances, and those within this group hold a variety of views about the particular restrictions that should be imposed.” Quite true. But what about the leak?
Court watchers are practically incandescent at this alleged leak. Says @JonathanTurley:
*It is hard not to view this as a malicious act.
*A breach of the most fundamental obligations and traditions of the Court.
*The greatest crisis Chief Justice Roberts has faced on the Court. https://t.co/SLfPgcExxR
— Kevin Corke (@kevincorke) May 3, 2022
It is drawing massive scrutiny. The smart money on the leaker is one of Sotomayor’s clerks, Amit Jain. “Those interested in who leaked the draft should wonder why Alexander Ward — a national security reporter — shares the byline,” SCOTUS Blog said. “The leaker would insist that their identity be incredibly tightly held. Politico would not assign someone who didn’t have to be on the story.” Thus, they knew what a reprehensible act this was and did it anyway. Now, that want opsec. We’ll see about that.
“Leaking a draft opinion is a scumbag move designed to create public pressure against the court before the decision is finalized,” Mollie Hemingway tweeted. She’s exactly right. It is rumored that the leak is meant to put pressure on Roberts.
CNN’s Mike Valerio claimed that Chief Justice John Roberts, “…does NOT want to completely overturn Roe v Wade, meaning he apparently would be dissenting from Alito’s draft opinion, likely w the court’s 3 liberals, sources say,” Valerio tweeted. “Roberts is willing, however, to uphold MS law banning abortion at 15 weeks.”
What do the American people think? According to a recent Marist Poll, “71% of Americans say they support restricting abortion to the first three months of pregnancy (22%), or in other limited circumstances such as rape and incest (28%), to save the life of the mother (9%) or not at all (12%). Only 17% of Americans said abortion should be available during an entire pregnancy and 12% said it should be restricted to the first six months.” That will be forgotten in this debate. Both sides want it all and will be playing for keeps.