OPINION: This article contains commentary which may reflect the author's opinion
A source revealed SCOTUS intentions despite the backlash, as conservative Justices are aligning with the Constitution on the overturning of Roe vs. Wade.
Supreme Court Chief Justice John Roberts called the leak of a draft opinion “absolutely appalling” and announced an investigation to find the person who leaked the draft.
In an unprecedented attempt at intimidation, left-wing protesters have assembled this week in response to the leak of the SCOTUS opinion on the fate of Roe vs. Wade.
Beginning their protest on the courthouse steps, activists moved to protest outside the private homes of justices Roberts, Alito, and Cavanaugh.
When political commentator Bill Krystol urged people to protest at justices’ homes and churches, others responded by encouraging the action, such as cartoonist Jon Rosenberg tweeting, “Go to people’s homes. Go to their places of worship. Make them as uncomfortable as they try to make you. This is not the time for civility, this is the time for mass resistance and demonstration.”
The intimidation tactics of the left do not seem to be swaying the resolve of the constitution-focused conservative justices, which certainly is the intention set up by the American forefathers.
A majority of Supreme Court justices remain in favor of overturning Roe v. Wade after a draft of the majority opinion was written in February and leaked earlier this month.
The judicial branch of the U.S. government is designed to interpret the law and determine the constitutionality of the law.
While the executive and legislative branches are elected the judicial branch is appointed, assuring the outcome of decisions is not based on a majority of voters, but on the U.S. Constitution, a true hallmark of our republic.
This wise assurance that mob rule does not take over our country is not understood by some, and those people think that protests and intimidation will sway justices from their appointed duties.
USA Today reported that congress is now trying to pass a law to provide security for justices’ families.
It’s assumed that Justices Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett voted in favor of overturning Roe v Wade, Conservative Brief reported.
The court’s three liberals — Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan — are presumed to have voted against overturning it.
It’s not clear how Roberts voted.
Now, Sources told The Washington Post that at least 5 justices, a majority on the court, have not changed their votes.
“Three conservatives close to the court,” told WaPo that “the majority of five justices to strike Roe remains intact,” a question that has stirred those on both sides of the debate that has erupted around the future of abortion law in the U.S. in the wake of the leaked draft.
“The leaked draft opinion is dated in February and is almost surely obsolete now, as justices have had time to offer dissents and revisions. But as of last week, the majority of five justices to strike Roe remains intact, according to three conservatives close to the court who, like others, spoke on the condition of anonymity to discuss a sensitive matter,” the WaPo report stated.
“A person close to the most conservative members of the court said Roberts told his fellow jurists in a private conference in early December that he planned to uphold the state law and write an opinion that left Roe and Casey in place for now. But the other conservatives were more interested in an opinion that overturned the precedents, the person said.
A spokeswoman for the court declined to comment, and messages extended to justices were unreturned,” the report added.
“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.
Justice Alito writes, “Roe was egregiously wrong from the start.”
“We hold that Roe and Casey must be overruled,” he writes in the document, labeled as the “Opinion of the Court.”
Alito adds: “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
“We, therefore, hold 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,” Alito writes in the document.
Returning the decisions on abortion to the states means that the state legislators and voters will, in each state, decide the laws concerning abortion for that state.
The job of the SCOTUS is to decide if the earlier Roe vs. Wade,1973, ruling was flawed with respect to the tenents set forth by the Constitution, and if so, return the question to the states for individual outcomes in each state.
The conservative justices are saying that the earlier decision WAS flawed and that the outcome of the case should be overturned. Planned Parenthood Vs. Casey, 1992, is another ruling in question.