WASHINGTON, DC – Pro-abortion activists gathered outside of the Supreme Court building on the evening of May 2nd to chant their profane disapproval of Supreme Court Justice Samuel Alito and Democrat Sen. Joe Manchin following a leaked draft opinion overturning Roe v. Wade.
On the evening of May 2nd, Politico mysteriously managed to obtain a draft majority opinion written by Supreme Court Justice Alito that shows the Supreme Court is erring on overturning the 1973 decision of Roe v. Wade.
While being a draft opinion, and thus subject to change, the court’s opinion is that the matter of abortion is not some right enshrined in the Constitution, and the 1973 SCOTUS decision along with the 1992 case of Planned Parenthood v. Casey “must be overruled,” adding that the court must “heed the Constitution and return the issue of abortion to the people’s elected representatives.”
This first draft was apparently written up by Justice Alito back in February of this year, and outlines a compelling argument that when it comes to abortion, as it’s something that should be addressed at the state/local level.
“The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Rove and Casey now chiefly rely the – Due Process Clause of the Fourteenth Amendment. That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be ‘deeply rooted in this nation’s history and tradition’ and ‘implicit in the concept of ordered liberty.’…The right to abortion does not fall within this category. Until the latter part of the 20th century, such a right was entirely unknown in American law.”
This draft majority opinion from the Supreme Court is, again, not outlawing abortions or in any way even restricting them – it merely says that it will be up to the respective states to craft these laws based upon the will of their voters. This is how the Founding Fathers intended it to be: If the Constitution was silent on a matter, the decision would then fall to the States.
“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. It is time to heed the Constitution and return the issue of abortion to the peoples elected representatives. ‘The permissibility of abortion and the limitations upon it are to be resolved like most important questions in our democracy by citizens trying to persuade one another and then voting.’”
Despite this draft opinion from the Supreme Court not restricting abortions (nor having been officially published as a SCOTUS opinion), Democrat activists and pro-abortion protesters are infuriated and acting as though their desire to whimsically obtain abortions will be impeded. However, they won’t realistically, so long as they opt to reside in a state where abortions aren’t at risk of being upended.