As we reported earlier, Politico published a blockbuster piece Monday containing what’s said to be “an initial draft majority opinion” on the Mississippi pro-life case currently before the Supreme Court where Justice Samuel Alito wrote that “We hold that Roe and Casey must be overruled.”
While draft opinions are subject to change and no actual ruling has been made, the misleading report from Politico has caused much predictable pouncing and seizing and pearl-clutching amongst The Usual Suspects, who are putting out calls to “burn it all down.” Some are even marching in front of a now-barricaded Supreme Court building as we speak similar to the hysteria we saw after the September 2020 death of Supreme Court Justice Ruth Bader Ginsburg.
“If you feel like f-cking screaming, scream”
Small protest against the leaked Roe opinion outside #SCOTUS pic.twitter.com/5el7w7aZSU
— Emily Jashinsky (@emilyjashinsky) May 3, 2022
As we also noted, this type of leak coming from inside the halls of the SCOTUS, especially on a case of this magnitude, is virtually unprecedented, a clear attempt if there ever was one at intimidating the court enough to preserve Roe v. Wade in a similar way then-Sen. Minority Leader Chuck Schumer tried to do in March 2020. The leak also puts the lives of the Justices in danger, so much so that unnamed sources are telling reporters that Chief Justice John Roberts is likely to call for the FBI to thoroughly investigate this matter in order to find out the source of the leak.
But along with word that Roberts is calling for a “full-blown” investigation into what happened has come yet another leak – this one about Roberts himself. According to CNN sources, Roberts reportedly doesn’t want to overturn Roe v. Wade entirely. But he is open to keeping the Mississippi law in place:
🚨(CNN) — 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 tell CNN.
Roberts is willing, however, to uphold MS law banning abortion at 15 weeks, CNN learned.
— Mike Valerio (@ValerioCNN) May 3, 2022
But as conservative legal minds have long argued, Roe v. Wade was a deeply flawed ruling, and as Ben Shapiro – who is a lawyer among his many other talents – pointed out, Alito’s opinion was solid, and not one you’d likely find an actual conservative legal mind object to:
The draft majority opinion by Alito is a devastating destruction of Roe and Casey. It doesn’t leave a matchstick standing.
“The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority.”
— Ben Shapiro (@benshapiro) May 3, 2022
If this ultimately turns out to be true about Roberts, though it wouldn’t be a surprise considering his past rulings on hot button cases our nation’s highest court has decided like Obamacare, it would still be a major disappointment nevertheless that on this most important of cases he couldn’t vote to overturn Roe v. Wade. The ability to relitigate Roe v. Wade and set a wrong right in the process is what conservative jurists have fought to be able to do since this case was initially decided, and for Roberts to side with the court’s radical leftists would be the ultimate betrayal in the eyes of many conservatives.
That said, as noted earlier, this is not an actual ruling and draft opinions (and leaks) are subject to change. As always, we’ll keep you posted on further developments, so stay tuned.
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