Skip to content

ROE TO BE OVERTURNED? Supreme Court Draft Leaks, And Alito’s Opinion is Awesome

NOTE: The information in this was provided by Politico. If it turns out to be incorrect/out of date, it will be updated as needed.

Breaches of the Supreme Court’s normally airtight security almost never occurs. Drafts aren’t leaked, it just doesn’t happen. Until now. Alito’s draft of the Dobbs v. Jackson case just leaked and can be read here, and it’s awesome.

If Politico got the reporting right and it’s authentic, which appears to be the case, then the long, sickening reign of abortion in America might finally be over. Conservatives might finally have won, as now it looks like there are 5 votes to take down Roe and the sickening abortion regime.

The Supreme Court has voted to strike down Roe v. Wade, according to an initial draft majority opinion written by Justice Samuel Alito and obtained by POLITICO. “We hold that Roe and Casey must be overruled,” Alito writes.

The draft opinion is a full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision – Planned Parenthood v. Casey – that largely maintained the right,” Politico reported.

The entire draft opinion can be read below:

Here are some of the key highlights of the opinion, as provided by Politico’s Twitter account:

We hold that Roe and Casey must be overruled.

The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision…

Roe was egregiously wrong form the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.

The inescapable conclusion is that a right to abortion is not only deeply rooted in the nation’s history and traditions. 

“On the contrary, an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of the common law until 1973.”

“We can only do our job, which is to interpret the law, apply longstanding principles of stare decisis, and decide this case accordingly. We therefore hold that the Constitution does not confer a right to abortion.

“Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives.

That’s big. If he’s saying that there’s no history and tradition behind abortion, he’s effectively saying that it’s not a fundamental right, which any restriction of must pass strict scrutiny, but rather just a privilege or something else, which means it would likely deserve rational basis, a much easier hurdle for the government to meet.

That’s a massive, titanic shift in how abortion is treated and pretty much leaves the door open for state governments to go after it and take down that horrible institution.

We’ll see if the opinion actually turns out this way but, if it does, that’s a massive win. The leak was likely an attempt to pressure the court into backing down. Hopefully it doesn’t succeed.

By: Gen Z Conservative, editor of GenZConservative.com. Follow me on Parler and Gettr.

This story syndicated with permission from Gen Z Conservative