A leaked U.S. Supreme Court majority decision nullifies Roe v. Wade and Planned Parenthood v. Casey, cases that make abortion a de facto straightened out for decades. The draft decision has been leaked to Politico, presumably by an aide to Judge Sonia Sotomayor.
The decision is in the case Dobbs v. Mississippi (2022), which takes into consideration whether Roe v. Wade (1973), should be declared null and void, or whether it should stand.
The majority decision was written by Judge Samuel Alito, a judge appointed by President George W. Bush in 2005 and known as "one of the most conservative justices on the Supreme Court." He sees himself as a “practical originalist,” a legal philosophy based on the principle that the text of the Constitution should be interpreted literally, and not as a 'living document' that keeps changing in meaning.
Effects
The decision rejects Roe v. Wade. Wade complete, together with the chain of court decisions that followed, including Planned Parenthood v Casey, a thing that it de facto right to abortion, all decisions viewed by conservatives as immoral and unconstitutional. Casey also changed the trimester framework that Roe v. Wade. Wade set in a 'viability analysis'
If this decision is actually passed, abortion will once again be an issue for individual states to regulate. Then you'll soon see that states like Florida and Texas will ban abortion completely, as it should be, and that states like New York and California will allow abortion as broadly as possible.
The concept overrides the legal non-reasoning Roe v. Wade. Wade completely down.
Leaked
While the decision is almost certainly authentic, given the spelling that matches Judge Alito's, it remains to be seen who leaked the concept to Politico.
It is almost certain that it was done to incite public anger and turn it into pressure on the Court to ensure that this decision will not be passed. It also shows that left-wing lawyers have complete disrespect for the rule of law, which is also under heavy pressure in America, but still functions much better than in the Netherlands.
Political reactions
Several senior politicians have already responded to the Court's proposed decision, such as Bernie Sanders, which says Roe v. Wade should now be legislated, and if not 10 Republicans in favour, that should become the filibuster rule. abolished, which has been on the Democratic agenda for some time, but has so far been held back by Sen. Joe Manchin (D-WV) and Sen. Kyrsten Sinema (D-AZ).
Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW. And if there aren't 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.
- Bernie Sanders (@SenSanders) May 3, 2022
Another Democratic Senator now has a sudden problem with the Court making laws "from the court" but had no problem if the same would have been done when the Court made that decision in the first case. You could even argue that this is precisely why they are not moving from the seat of the judge to the seat of the legislature, because they are handing it back to the individual states.
If #SCOTUS is going to legislate from the bench and turn back the clock 50 years on #RoeVWade, then the Senate needs to pass my Women's Health Protection Act, and if we need to eliminate the filibuster to get it done, we should do that too. #WHPA
— Sen. Tammy Baldwin (@SenatorBaldwin) May 3, 2022
There have been no comments from President Biden or Republican Party leaders yet.
