According to an historically unprecedented leak of a draft opinion, the Supreme Court justices privately voted to strike down the landmark Roe v. Wade case that has guaranteed the right to abortion for nearly a half-century.
This initial draft majority opinion written by Justice Samuel Alito was circulated inside the Court. It’s a total repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights, as well as of a subsequent 1992 decision — Planned Parenthood v. Casey — that largely maintained the right.
“Roe was egregiously wrong from the start. We hold that Roe and Casey must be overruled,” Alito wrote in the document, labeled as the “Opinion of the Court.” “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives,” the leaked opinion says.
Fandango’s opinion: If this draft opinion holds and abortion is declared illegal in the United States, the government will essentially be taking control of women’s reproductive rights, including forcing women who become pregnant, including as a result of rape or incest, to give birth. We are witnessing the American democracy evolving into a conservative Christian theocracy and are ushering in a real-life American Handmaid’s Tale. And, no, I’m not joking.
This, That, and the Other 
Ruth Bader Ginsburg said the reasoning (legal reasoning rather than practical reasoning) for R v W {decided by a majority Republican-appointed Court} was faulty or less than desirable or ideal but meaningfully helpful for women. She would’ve preferred a constitutional affirmation be based on some other precedent, but she wouldn’t try to take it down.
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I am gobsmacked. Will someone please stop flushing the US down the toilet please……….the sewers probably cannot hold anymore shit from your legislators
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It’s probably too late.
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What a load of bullocks. They could find themselves up s*it creek if women make the decision not to have any babies. China went the one baby route and now they can’t change what they deemed fit
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I’m horrified that they are even talking about this in the 21st century.
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It is hard to believe, isn’t it?
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So angry for fellow Americans. How are in 2022 right now?
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We fought so hard and thought we’d won — at LEAST this. This is going to wreak havoc in many states. Not yours or mine, so many others. If I were a young woman, I’d look for a good blue state and move there. Sad, sad, sad. For us and especially, our grandchildren.
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🤬
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https://www.fox13memphis.com/news/trending/roe-v-wade-leaked-opinion-what-is-roe-what-does-it-mean-if-it-is-overturned/JE2WYIVHYFHPPLIGYFLGM5MDCA/.
………
What case is the court ruling on that would overturn Roe?
The leaked draft opinion concerns a case called Dobbs v. Jackson Women’s Health Organization. In 2018, Mississippi passed a “Gestational Age Act,” which prohibits almost all abortions after 15 weeks. Jackson Women’s Health Organization, the only licensed abortion facility in Mississippi, and one of its doctors filed a lawsuit in federal district court challenging the law.
Eventually, a district court ruled for Jackson Women’s Health, stopping Mississippi from enforcing the gestational age law.
The state appealed the ruling to the U.S. Supreme Court. The document published by Politico was labeled a “1st Draft” of the “Opinion of the Court” in Dobbs v. Jackson Women’s Health Organization.
What is a draft opinion?
A draft opinion from the Supreme Court is a first take on a ruling in a case. Justices hear oral arguments and then have an initial vote on the case. After an initial vote, one justice is assigned to write the majority opinion and creates a draft that lays out the reasons for the decision. The draft is circulated among the other justices for consideration.
The draft is a reflection of an initial vote. Those votes can change. Language in the draft can change. A court ruling is final only when it is published by the court.
Are draft opinions often leaked?
Reuters reported that Neal Katyal, a lawyer who regularly argues before the court, said if the report was accurate, it would be “the first major leak from the Supreme Court ever.”
……..
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I read that this morning covered my head and went back to bed. I seriously cannot believe this is happening again and it’s scary, too scary. I said as much months ago in a post referring to the HT and I believed it then. Til I read that this morning I was looking forward to my day. Now it’s just worrisome reading the news. What is the actual f up with the Court?
Sent from my iPhone
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The day Kavanaugh was confirmed was a bad day for me (discombobulatingly speaking on a personal level). Gorsuch was bad enough. And Thomas should be impeached (not for this vote).
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Agreed
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True. And Amy Coney Barrett as well.
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🙄😫
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Meanwhile, Amy tells people to look at the written opinion (earlier case) of what the Court was going to come out with — and then the Court made a decision but put out NO opinion. I wonder how she feels about being a capricious tool (being part of voting with the majority that offered no foundation).
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AND… Alito himself:
The more famous aspect of what he said publicly at that time was something about marriage being between one man and one woman. I didn’t see that mentioned in this article, but the article serves as a reminder; not sure Alito can see past his myopic viewpoints. I’m actually thinking there’s a possibility at least one conservative justice will be too ashamed and principled to be associated with him/his write-up on the current topic. (I already didn’t like him when he was appointed and I was still a conservative.) There’s no shame in being against gambling, by the way. I just don’t see him as thinking rigorously. Also, I think he might’ve leaked it because his colleagues are telling him it has to be different, while he thinks what he wrote is so great that it has to be seen.
https://abcnews.go.com/Politics/justice-alito-speech-polarizing-issues-prompts-calls-reform/story?id=74194553
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A very bad day
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I wrote a post with a similar analogy on my personal blog. It feels like the Handmaid’s Tale is coming true to me also. Here’s the link if you want to read it 🙂 https://amyleighspeaks.wordpress.com/2022/05/03/womens-rights-are-fading/
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I haven’t read the book, but the series on Hulu had quite believable scenarios.
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Thank you for sharing that post. It was well written and I completely agree with what you wrote. In his opinion, Alito wrote that the word “abortion” doesn’t appear anywhere in the Constitution. Well, neither does “birth control,” nor “gay marriage,” nor a woman’s right to vote, nor other references to modern day America. So if this ruling holds, it could only be the beginning of the loss of privacy and of personal freedoms.
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Doesn’t appear in the constitution is completely stupid; the right to drink water isn’t in there either. The Constitution says rights not prohibited or reigned back therein are… hmm. I think these guys weren’t as brilliant as we want to believe. You cannot preserve water cleanliness one state at a time.
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You’re most welcome. My heart gasped when I read the leak. I am not usually one to get scared about political agendas, but lately this country scares the shit out of me. I do not recognize this version of the world, and when we can start relating to shows like The Handmaid’s Tale…it renders me paralyzed in thought and sadness.
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It is very scary and unrecognizable as the country in which I have lived and loved all of my life. I am now ashamed to be an American.
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I can definitely relate to that feeling of being ashamed.
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Reading this made me sick. I wish I had the words, but I just don’t. I live in a country where abortion is not a constitutional right and see the horrors upclose and personal. I cry for my sisters born in the USA.
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Very scary and serious, indeed.
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Where will it end? If abortion becomes illegal won’t all birth control be banned, and that would include condoms making STD more rampant again. So instead of stopping a potential life we ruin lives of further advanced age humans and kill them off with disease (not the mention the millions of back alley abortion deaths). This is simply frightening!
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Well, abortion and birth control are two different matters, but a lot of those who oppose abortion also oppose birth control. It’s insanity.
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https://www.washingtonexaminer.com/policy/courts/tall-security-fences-erected-around-supreme-court-after-abortion-opinion-leak?utm_campaign=article_rail&utm_source=internal&utm_medium=article_rail
The leak prompted Chief Justice John Roberts to order an investigation by the marshal of the court. In a statement, the court confirmed the draft that was leaked is “authentic” but stressed it does “not represent a decision by the Court.”
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There’s some cool construction [plus] footage for almost a half hour in there (the link article). My bedtime music last night (Wednesday night). And here’s another paragraph:
Earlier in the evening, it was reported that Justice Samuel Alito, who authored the opinion, scrapped plans to participate in the 5th U.S. Circuit Court of Appeals’s judicial conference, which is slated to begin Thursday. A reason for the cancellation was not given by the high court.
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unreal! This is not democracy! 😀
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I really hate knowing this. From my limited understanding if the law would have been written better , this would not be happening now? I wish I weren’t so Adhd. Even medicated, I forget easily, it does come back but not quick enough for great conversations. Good for online though 😀
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