Conservatives are making a victory lap in the light of a recent report that the Supreme Court is poised to overturn Roe v. WadeThe 1973 landmark decision establishing the constitutional right of abortion. However, it was also a time when the public seemed to be in complete disarray about the possible consequences of its release.
The bombshell news was received late Monday evening. PoliticoPublished a leaked draft of Associate Supreme Court Justice Samuel Alito’s majority opinion, written back in February, rehashing the constitutionality of Roe v. Wade Casey vs. Planned ParenthoodThe Supreme Court upheld the decision Roe1992. According to the outlet, the draft is “a full-throated, unflinching repudiation” of both laws.
“Roe was egregiously wrong from the start,” Alito reportedly wrote in his opinion. “We hold that Roe Casey must be overruled.”
The controversial draft was immediately praised by conservative pundits, politicians, and others. It is the culmination of a decades-long campaign by Republicans for the repeal of reproductive rights across the country.
On Monday, Sen. Josh Hawley, R-Mo., a vehement anti-abortion advocate, called the court’s alleged draft “a heck of an opinion.”
“Voluminously researched, well-argued, and morally strong,” he tweeted.
I will say, if this is the Court’s opinion, it’s a heck of an opinion. Voluminously researched, tightly argued, and morally powerful
— Josh Hawley (@HawleyMO) May 3, 2022
South Dakota Governor Kristi Noem vowed to call a special session in support the potential decision’s rollout.
“If this report is true and Roe v. Wade is overturned, I will immediately call for a special session to save lives and guarantee that every unborn child has a right to life in South Dakota,” the governor tweeted.
If this report is true, and Roe V. Wade is overturned by the Supreme Court, I will immediately call for an emergency session to save lives. https://t.co/oIiGibCP7B
— Governor Kristi Noem (@govkristinoem) May 3, 2022
Other conservatives railed against the leak of draft, arguing that the move impugns the court’s apparent nonpartisanship.
I have no doubt that Chief Justice Will work to eradicate the radical activist who betrayed the court’s sacred tradition. The leaker must be removed from their position immediately and exiled from legal community.
— Sen. Marsha Blackburn (@MarshaBlackburn) May 3, 2022
“It is worse to lose a draft SCOTUS decision than January 6th. The Court was the one institution where conservatives and liberals lived in peace and trust,” wrote right-wing commentator Mike Cernovich. “You disagreed but the trust was sacred. This completely destroys the Court’s inner workings. Totally in shock right now.”
Leaking a draft SCOTUS ruling is worse than January 6th. The Court was one institution where conservatives, liberals, and all other parties could live in trust and peace. The trust was sacred despite your disagreements. This completely destroys the Court’s inner workings. You are in complete shock right now.
— Cernovich (@Cernovich) May 3, 2022
“To violate an understanding that has held for the entire modern history of the Court – seeking to place outside political pressure on the Court and the justices themselves – is dangerous, despicable, and damaging,” echoed Sen. Mike Lee, R-Utah.
Given the coordinated nature of this attack on Court, I hope every Democrat Senator is able to answer whether they saw the opinion prior to Politico published it and if they know the leaker.
— Josh Hawley (@HawleyMO) May 3, 2022
Sen. Marco Rubio, R-Fla., suggested the draft’s leak was a coordinated assault by the left. “The next time you hear the far left preaching about how they are fighting to preserve our Republic’s institutions & norms remember how they leaked a Supreme Court opinion in an attempt to intimidate the justices on abortion,” Rubio wrote.
The next time you hear the far left preaching about how they are fighting to preserve our Republic’s institutions & norms remember how they leaked a Supreme Court opinion in an attempt to intimidate the justices on abortion https://t.co/9W6jKCZQQt
— Marco Rubio (@marcorubio) May 3, 2022
Politico’s report does not mark the first time that the draft of any pending Supreme Court case has been publicized before a ruling is made. While the draft offers an unprecedented glimpse into the bench’s deliberations, which the court has historically kept strictly confidential, it is important to note that the original Roe v. Wade decision was similarly releasedThis infuriated the court.
