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(Video Credit: Fox News)
Historic news broke from the Supreme Court on Monday when a draft opinion was leaked that allegedly indicates the abortion landmark case Roe v. Wade will be overturned and constitutional attorney Alan Dershowitz believes it happened to sway opinion on the high court.
Politico broke the story causing shock waves to crash through liberal enclaves, immediately resulting in protests outside the Supreme Court. The breach of court decorum is unprecedented in modern history. The draft opinion is said to have been written by Justice Samuel Alito.
“We hold that Roe and Casey must be overruled,” Alito purportedly writes in the February draft, which is 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 draft reads. “Roe was egregiously wrong from 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.”
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
The leak of the Supreme Court draft opinion on Roe is a dangerous obstruction of justice. And it could very well lead to intimidation and violence directed at Supreme Court justices. Which, I suspect, is the point of the criminal leak.
— Tom Fitton (@TomFitton) May 3, 2022
And right on cue, Biden will give remarks about Roe v. Wade from the White House tomorrow. Completely transparent and devastating political leak.
— Katie Pavlich (@KatiePavlich) May 3, 2022
If the abortion case is overturned, then the power to determine whether the procedure is legal or not will be handed back to the individual states.
Dershowitz appeared on Fox News host Sean Hannity’s show Monday night to discuss the breaking story.
“I strongly oppose overruling Roe v. Wade after 50 years, but I think it will be overruled,” the Harvard Law professor and respected legal scholar stated.
“I have a theory, and it’s only a theory. I think this was leaked by a liberal law clerk who was trying to change the outcome of the case, either by putting pressure on some of the justices to change their mind, or by getting Congress to pack the court even before June, which is very unlikely or to get Congress to pass a national right-to-abortion law, which would apply to all the states, and that would have to come to the Supreme Court to see whether that could be upheld under the Commerce Clause,” Dershowitz posited.
Oh my Lord ⬇️ https://t.co/wjKWWRPP4P
— Megyn Kelly (@megynkelly) May 3, 2022
Leaking a draft opinion is a scumbag move designed to create public pressure against the court before the decision is finalized.
A sane media would think twice about whether they should enable this pressure campaign from here on out. But we do not have a sane media. https://t.co/SylxV9S4YA
— Mark Hemingway (@Heminator) May 3, 2022
“But I think this is real and I think that – my theory is that it was leaked by somebody who wants to change the outcome. Look, I’ve been watching the Supreme Court for 55 years. And this has all the hallmarks of reality and it does not have the hallmark of a decision that’s likely to be changed. Maybe Chief Justice Roberts will go with the minority, but I think they seem to have five votes at this point to overrule Roe v. Wade,” he continued.
Hannity then asked Dershowitz if there was ever a time that another Supreme Court opinion was leaked.
“Never has,” he responded. “It never has, and it can only be done if somebody thinks this is an act of civil disobedience, an act which might get him disbarred, fired from the Supreme Court, or her if it’s a law clerk. And yet they want to go to the mat because they think there’s one chance to try to preserve Roe v. Wade, and that’s by leaking this decision to Politico. They didn’t leak it to Fox, they leaked it to Politico. So it fits together. It’s just a theory. I have no information to support it, but it seems to me the most plausible theory as to who leaked it, why it was leaked, and how this does sound like it’s extremely realistic.”
1. The draft says first draft and is dated February 10. Opinion – but perhaps not result – has likely changed since then.
2. Could be a clerk/justice leaking to "prepare" the country. More likely leaking to stop it.
3. Last leak: a clerk leaked decisions to Wall Street in 1919.
— Joe Bishop-Henchman ⚖️💸🛤️🗽☀️ (@jbhenchman) May 3, 2022
According to Politico, a source stated that conservative Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett voted with Alito to overturn the law. Liberal Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan are in dissent and Chief Justice John Roberts is an unknown on the issue.
A final official opinion is expected in June.
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