Roe v. Wade: Leaked SCOTUS Draft Opinion Overturns Pro-abortion Ruling; Leaving Abortion Regulation To States

Keneci Channel

In an unprecedented breach that critics say is an insurrection against the Supreme Court of The United States(SCOTUS), a woke left-wing employee has reportedly leaked a draft opinion on two hot-button cases being deliberated on by the 9 Justices of the court. The identity of the leaker remains unknown.

The draft opinion which was published on Monday by Politico, is a thorough repudiation of the 1973 landmark Roe V. Wade decision which made abortion a right guaranteed by the U.S. constitution, and a subsequent 1992 decision -- Planned Parenthood v. Casey -- that largely maintained the right.

“Roe was egregiously wrong from the start,” Justice Samuel Alito writes in the draft labeled as the 'Opinion of the Court,' which he reportedly circulated inside the court on February 10.

The SCOTUS justice writes: “We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

Justices -- Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett -- reportedly voted with Alito in the conference held among the justices after hearing oral arguments in December in the case brought by the state of Mississippi. The case which centers on whether the Constitution provides a right to seek an abortion, focuses on the state's 2018 law, blocked by lower federal courts, that would ban most abortions after 15 weeks of pregnancy, allowing them only in medical emergencies or cases of severe fetal abnormality.

The three left-wing justices -- Stephen Breyer, Sonia Sotomayor and Elena Kagan -- are reportedly working on one or more dissents, to the majority opinion. It is still unclear how Chief Justice John Roberts will ultimately vote on the case.

Alito writes that “The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions.” He also points to liberal legal icons such as the late Justice Ruth Bader Ginsburg and Harvard Law Professor Laurence Tribe, who have condemned the reasoning in the Roe, and its divisive impact on the political decision.

Indeed, since the 1973 Roe ruling by SCOTUS, debate over abortion has remained the most divisive and corrosive in the country.

“The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion,” Alito concludes in the draft. “Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.”

If the Alito draft is officially adopted by majority of the justices, it would rule in favor of Mississippi.

Justice Robert in statement released by SCOTUS Tuesday morning, confirmed the authenticity of the draft opinion, and said he was ordering an investigation into the disclosure.

“To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed. The work of the Court will not be affected in any way,” Roberts pledged in a written statement. “This was a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here.”

The statement also stressed that the draft opinion “does not represent a decision by the Court or the final position of any member on the issues in the case.”

Reactions to the the news of the leak have largely fallen along the usual partisan lines.

Pro-abortion left-wing activists and Democrat politicians have  called for riots, apparently to intimadete the SCOTUS justices. They have also called for congress to pass a law codifying a right to abortion in federal law.

In a reckless joint statement former president Barack Obama and his wife Michelle, called for riots.

In the statement, the couple writes in part:

“Today, millions of Americans woke up fearing that their essential freedoms under the Constitution were at risk,” the couple wrote. “If the Supreme Court ultimately decides to overturn the landmark case of Roe v. Wade, then it will not only reverse nearly 50 years of precedent — it will relegate the most intensely personal decision someone can make to the whims of politicians and ideologues.

We’re asking you to join with the activists who’ve been sounding the alarm on this issue for years —and act. Stand with them at a local protest. Volunteer with them on a campaign.”

The reactions from conservatives and Republican politicians have been a mix of jubilation at finally getting a chance to see Roe overturned -- a long-held dream of most pro-life Americans -- and dismay at the unprecedented leak of internal SCOTUS document.

Conservatives have also called on Democrat politicians to stop inciting hysteria and violence against the impending SCOYUS ruling.