Roe v. Wade Overturned?


Claiming to have received a leaked copy of the majority decision of the US Supreme Court, Politico is reporting that the court will strike down the landmark decision on women's reproductive rights, Roe v. Wade.

In the draft opinion, written by Justice Samuel A. Alito Jr., a majority of the court voted to overturn Roe, according to Politico. Justice Alito called it wrongly decided and said the contentious issue, which has animated political debates in the United States for more than a generation, should be decided by politicians, not the courts.

“We hold that Roe and Casey must be overruled,” Justice Alito writes in the document, labeled the “Opinion of the Court,” referring to a second decision that reaffirmed Roe. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

If abortion rights are no longer constitutionally protected, the issue will fall to state control. 

The Politico report said the justices voting to support Justice Alito’s opinion were Clarence Thomas, Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett. The news organization said Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan were working on dissents. It was not clear how Chief Justice John G. Roberts Jr. planned to vote.

In more than two dozen conservative states, lawmakers have prepared bills that would effectively outlaw abortion if the court overturns Roe v. Wade. If the court embraces Justice Alito’s draft opinion as its final position, it would clear the way for those bills to quickly become law.

With the mid-terms approaching I find it hard to imagine the Repugs wanting to see this become the hot button election issue. How could it not mobilize the left and center-vote against them? This could always be a balloon to test the electoral waters and it remains to be seen who leaked the draft judgment.

Meanwhile, some Americans are eagerly awaiting a return to the good old days.

Next up, repeal those pesky 13th and 14th Amendments.

Comment Response:

I so hope you're wrong, NPoV.


  1. "hot button election issue. How could it not mobilize the left and center-vote against them? "

    It may mobilize their own 'folks' to keep up the momentum in the mid-terms.

    In Canada we have St. Henry to thank for exactly the same court-decreed abortion rights ....
    and his legacy could be swept away by a change in our own courts (with more like Russ Brown, Harper's blogger on our Supreme court) or even via legislation in the future.


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