Supreme Court has voted to overturn abortion rights, draft opinion shows

[demmiblue]

Source: Politico

"We hold that Roe and Casey must be overruled," Justice Alito writes in an initial majority draft circulated inside the court.

The Supreme Court has voted to strike down the landmark Roe v. Wade decision, according to an initial draft majority opinion written by Justice Samuel Alito circulated inside the court and obtained by POLITICO.

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. "Roe was egregiously wrong from the start," Alito writes.

"We hold that Roe and Casey must be overruled," he writes in the document, labeled as the "Opinion of the Court." "It is time to heed the Constitution and return the issue of abortion to the people's elected representatives."

Deliberations on controversial cases have in the past been fluid. Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading, sometimes until just days before a decision is unveiled. The court's holding will not be final until it is published, likely in the next two months.

Read more: https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473

---

Link to tweet

Link to tweet

[nini]

1. Not surprised and if the midterms weren't already critical

We really must hold on to congress.

So sick of this.

[TheBlackAdder]

228. Was this leaked in time to affect the Mid-Term Primaries, which have started in most states?

[Deep State Witch]

2. Well, Crap!

Disappointed. Will probably get sick to see the Fundies dancing the in the streets. I'm glad that my childbearing years are over.

[elleng]

3. 'an initial draft majority opinion,'

a draft can be changed, and likely will be changed in unknown ways.

[tishaLA]

6. It's possible the leak was intentional

So see how much of an uproar there'd be and then only taking away reproductive freedom after the first 10 weeks will seem moderate.

[Raven123]

15. I would be surprised if that were true.

[tishaLA]

20. I would, too

But it's my attempt to remain sane right now

[elleng]

22. Yes, likely strategical, imo,

and that on the part of an insider (clerk/employee/etc) hoping for good/changes, if not in result, then on basis for rationale.

[LiberalLovinLug]

102. And not to test the waters for Democratic voters

They don't give a crap about them. They know they are not going to vote R regardless.

No, the R judges want to float this balloon to see if there are too many uppity womenfolk that usually vote R who might also not like their rights curbed like that either.

[TheBlackAdder]

230. The GOP is playing the Long Game, setting up their Dominos and letting them slowly fall.

.

SCOTUS is empowered knowing that the GOP redistricting efforts and voter suppression are underway.

This will set up the seizure of the House and then a slow retake of the Senate starting 4 years from now.

.

[OrlandoDem2]

36. WE MUST TAKE TO THE STREETS TONIGHT!!

This is a crisis!!

[elleng]

40. Read the draft first, and fine-tune approach.

https://www.politico.com/news/2022/05/02/abortion-draft-supreme-court-opinion-key-passages-00029470

[onenote]

125. This doesn't necessarily mean there are five votes to overturn

It may, but it also could be that there will be 5 or 6 votes to uphold the Mississippi law but no more than four justices who vote to overturn.

Not saying that's the case, but not ruling it out either.

[wnylib]

155. NPR's SC expert, Nina Totenberg,

has said on their newscast that this draft has all the earmarks of an official SC vote decision to overturn Roe.

[The Grand Illuminist]

51. Be ready for war.

Because that is what it is gonna take.

[onenote]

159. actually, they do have government sponsored security if they want it.

https://rollcall.com/2018/03/14/supreme-court-justices-make-their-own-security-choices-documents-reveal/

[oldsoftie]

223. So just what are you suggesting?

[Jedi Guy]

239. Murder. I guess that's one way to pack the court. N/T

[riversedge]

4. O.M.G.!!!

[peppertree]

5. Medieval Times

Not just a cheesy theme restaurant anymore.

[Mike Nelson]

7. Big Government at its worst...

... there are not many big issues that are less big government's business that having a baby.

[ShazzieB]

63. Or not having one. 🤬

[nattyice]

8. This now means any Supreme Court decision ever made in the past can be reversed

[Rebl2]

13. YEP

[Ocelot II]

24. That's always been true, and it's happened many times.

Sometimes to good results, e.g., Dred Scott; sometimes not.

[zipplewrath]

131. Usually

A bit like Brown vs. Board, they don't just overturn a previous decision by saying it was wrong, but by underscoring how it has been learned since then that the underlying reasoning has been demonstrated by history to be wrong. They can't do that in this case.

[onenote]

176. Lawrence v. Texas

In 2003, the Court overruled Bowers v. Hardwick, a 1986case that had upheld a Georgia anti-sodomy law. Justice Kennedy's opinion was unambiguous: "Bowers was not correct when it was decided, and it is not correct today."

[DemocraticPatriot]

134. This is the new 'Dred Scot'

Women are now the property of the far right on the Supreme Court.....

[Qutzupalotl]

43. including this one.

[wnylib]

107. That has always been true.

Some past decisions have been reversed.

[DemocraticPatriot]

144. This now means any Supreme Court decision in the immediate future

is as worthless as any which came from the Dred Scot court....

[hamsterjill]

9. And what are Dems doing about it?

I can’t believe this is just being accepted. This is a major issue that will mean women die. And it’s like nobody even cares.

Makes me want to puke.

[Ocelot II]

29. What can Dems do about it, and why do you think they don't care?

They can't control the Supreme Court and there's no way to pass federal legislation protecting abortion in this Congress. What do you suggest they do?

[hamsterjill]

64. Dems should have been moving on this long ago.

Expand the court. Expose Clarence Thomas for the crazy ass that he is. Whatever it takes. I don’t care.

I’ve been watching the laws in red states and we’ve all known this was coming. Something should have been done before it got to this point. We live in a fucking democracy and the majority of Americans believe that a woman has a right to control her own body. Why doesn’t that mean anything?

Are we taking to the streets yet? What’s it going to take for us to take back our way of life? Because that is what is being taken away from us!!!

Emotional response? Hell yes. And it should be the same for everyone.

[sheshe2]

110. Hillary warned us in 2016 that Roe vs Wade was on the chopping block.

She warned us, yet was ignored. She said get out and vote and so many did not.

[hamsterjill]

114. Absolutely.

Why do you think I cried the night of the election and missed work the following day? Because I knew!!!

And I was not alone!!!

[electric_blue68]

143. So effin' true I knew we'd be going down a dangerous road

[DemocraticPatriot]

149. I didn't ignore Hillary, and I turned out and voted for her..

.... even though I voted for Bernie in the primaries that year...

She was certainly right about this--

and she was right to call out "the deplorables"...

[Karma13612]

168. Agree with your whole comment.

I voted for Bernie in the primary.
Then, for the general, I voted for Hillary while I shed a tear in the voting booth. But, I did it. Darn it.

This is just terrible. I’m not directly effected because I am 68, but my heart is breaking. We are regressing as a nation. I can’t abide it any longer.

Just speechless right now.

[electric_blue68]

177. It is horrific, hedious, and infuriating... I'm 69 I fear for my "fellow" younger, and lower...

income women-sisters!!!
And other pontential domino issues.

[Karma13612]

185. yes, the dominoes

And the plight of women across America is changing now.

I’m not so sure women can fight back alone. Not sure if I will get flagged for this but, it would be awesome if more men would stand up and shout about this as well. SOME men think that all they are responsible for is the night of love-making. And the woman just has to take care of any consequences after the fact. When it hits them in the face that their lover is pregnant and can’t get an abortion, are they going to do something about it? Can’t they think ahead a bit?

This needs to be a team effort. I don’t see it happening.

[electric_blue68]

188. I did see a lot of men at NYC's Women's Marches. Also thinking of LGBTQI people, contraception, etc

[Karma13612]

191. I am hoping that Big Pharma would finally

Make good use of their ENORMOUS profits and lobby to NOT let Oral Contraceptives be outlawed. And when I mean Oral Contraceptives, I mean those specifically. I am not talking about Plan B’s or morning after pills.

I think ALL of those should be available easily. I think big pharma should stand up and scream bloody murder if red states try to ban OC’s in particular. Otherwise, they are even worse than they behave right now.

[sheshe2]

171. Thank you, DemocraticPatriot.

[DemocraticPatriot]

175. I have been a loyal party man, since my youth...

An older white liberal Democratic male...

All the news articles about "angry older white men" abandoning the Democrats for Trump, angered ME...

[sheshe2]

181. It is not about you.

Don't get angry, no one means you. You are one of the good ones that stand with us.

Thank you for that.

[DemocraticPatriot]

187. I am not angry, just saying.

Or, not angry at you, hahahaha.

Thank you for your sentiments.

[lapucelle]

222. I blame folks with big megaphones who told followers that the Supreme Court didn't matter

and then encouraged them to vote for Jill Stein.

[sheshe2]

256. Wonder what she has to say now...

[DemocraticPatriot]

173. I agree totally.

Time to bring out the hammers and pitchforks. The politicians have failed us, in this instance.

[hamsterjill]

194. Thank you.

n/t

[LetMyPeopleVote]

216. There will be fights and protests but the real answer is to GOTV and pick up seats

Protests are starting

Link to tweet

We need to GOTV like crazy and beat the shit out of the GOP in the midterms. We need to flip red states like Texas, Georgia, Florisa and Arizona.

[nini]

30. I'm blaming Dem voters for not turning out EVERY election

There’s only so much elected Dems can do if we’re not making sure there’s more of us than them,

[hamsterjill]

67. That's a big part of it.

n/t

[DemocraticPatriot]

166. Maybe with the GQP Supreme Court's pending decision hitting them right between the legs,

the young women of America, and the older women too, will turn out to vote Democratic in this mid-term-- especially for the Senate races.

That is my hope.

If they don't, then they will live in the country for which they did not vote.


I think we can get that vote to turn out...

[electric_blue68]

174. In my 50 yrs of voting I've missed a few local primaries, and ? 1 or 2 local elections. Never...

a Presidential election (maaaybe a primary). Never or almost never a Congressional election (maaaaybe a primary).

And yeah I've gotten into a few near shouting matches in public w third party people. I'm very passionate about a bunch of issues, can't always kerp my emotions quiet.

[Joinfortmill]

44. It's breaking news. Lots of folks care.

[hamsterjill]

69. Then let's get something done.

For once. What are the options?

[NYC Liberal]

90. A constitutional amendment.

Or electing enough Democrats to congress who will expand the court.

[The Grand Illuminist]

137. The only way is Article V

As there will never be enough Senators to approve. But this would actually do more harm than good because right wing amendments like Balenced Budget and Line Item Vetoes would easily pass. As well as amendments that will officially biologically define genders as male and female.

[DemocraticPatriot]

152. Please expand upon article V....

??

[The Grand Illuminist]

220. About what?

Last edited Tue May 3, 2022, 04:57 AM - Edit history (1)

Article V is the creation of a constitutional convention.

[ShazzieB]

61. The news only just now broke!

Give us a little time, please.

[hamsterjill]

71. But this has been coming for a long time!

Why wasn’t something done to stop this before now???!!!

[sheshe2]

123. Partly, we don't get out and vote especially during the midterms.

Lazy and uniformed don't bother to vote. Outside influences, some Russia and others influence the vote.

Then when we, see Biden and Obama, come into office, they have to dig into the cesspool to correct all the damage the last REPUBLICAN left behind. Bush, left us a near depression. Biden a mishandled pandemic with mishandled funds and corruption, Russian influence in our government. Then the insurrection. War in Ukraine. So many balls in the air and they need to be dealt with. It takes time and yes, some things go on the back burner.

[electric_blue68]

148. let's not forget Covid has sapped a lot of people's energies!

[DemocraticPatriot]

156. We tried..

The Democrats put forth legislation to statutize abortion rights into federal law--- but because of our thin majorities in both houses, it could not be passed.

This pending decision is a lesson to all American women, why Democrats should control the White House and the United States Senate (a lesson I am sure you did not need to be taught, yourself--- but many others do).

[JohnSJ]

62. Perhaps the Nina Turners, David Sirotas, and Brianna Joy Grays should of thought about the

consequences of their in the general election in 2016 by not voting for Hillary, but also encouraging others to do likewise

It didn’t take much either. In every critical swing state Hillary lost by less than 1%, and Jill Stein in those critical swing states received 1% of the vote

That’s all it took

[hamsterjill]

75. You are exactly right.

n/t

[mcar]

79. All the people, on this board and elsewhere

who insisted SCOTUS and Roe weren't important while they "voted their conscience" in 2016 GE.

[JohnSJ]

86. I remember that. "The Supreme Court didn't matter" refrain, along with "tired of voting for

“The lesser of two evils”

Both were lies

[intheflow]

232. Jesus, let that shit go already. n/t

[JohnSJ]

233. Ya don't like, be my guest, put me on ignore

[llashram]

248. that's the problem

too many people "let that shit go".

[mcar]

74. This broke a few minutes ago

Why are you excoriating Democrats now? Who is responsible for this? Hint: It's not Democrats.

[hamsterjill]

77. It's been coming to this for years.

Why is anyone surprised? Dems should have been doing something before now.

[mcar]

81. Hmm, maybe all those "Dems" who voted for Jill Stein in 2016

and told us that SCOTUS wasn't important should have been doing something.

[hamsterjill]

83. Yes they should have.

You think? People don’t get that we lost democracy in 2016. That is essentially what happened. It was make or break and we failed miserable.

Now, we have to fight to get it back.

[herding cats]

98. The only hope we have is to get off our high-horses and vote for every Dem we can.

Run for local seats, never miss an election and always vote for the Democratic candidate.

There's simply no quick fix to this disaster at this point. The damage was done in the voting booths in 2016. We've made some steps forward since then, but 2022 and 2024 are literally our last hopes.

Edited: for clarity: I'm not saying your on a high-horse. I'm talking about those who chose to sit out in 2016. I warned them this was going to be the outcome and I'm pissed off at them.

[hamsterjill]

109. I understand.

And I promise you, I do all of the things that you list except run for office. I simply don’t have the hours in the day.

There have been times that I had to hold my nose to vote for a Democrat, but I have NEVER voted for a Republican IN MY LIFE! I don’t even vote straight party ticket (when available) because if there’s anyone running AGAINST a Republican, I vote for that person.

And I have done this my whole life BECAUSE I knew this day would come.

[wnylib]

136. NY Dems saw it coming. We have a law

that protects abortion rights.

The SC decision is to overturn Roe and leave it up to states.

We can win women's rights back by fighting in each state to pass laws protecting our rights.

[hamsterjill]

139. New Yorkers have always been smart!

I live in Texas. I live among a bunch of fucking idiots!

[wnylib]

153. Actually, so do I. NY has its share

of rural reds. I fear that this will motivate them to attack abortion rights here.

[Karma13612]

172. Nope, NY

Has enuf Democrats that will continue to drown out the rural reds. I live in a rural area of NY but there are enuf large city population areas that carry the state Blue. I am not worried about NY, from my experience.

[wnylib]

180. But we have had Republican governors and

NYC has had Republican mayors.

[Karma13612]

189. NYC mayors do seem

To be troublesome. At least finding good ones. Not sure what happened to this time around. They were sold a bill of goods from what I can see.

But, we’ve had Democratic Governors recently, even if some were’t that brilliant. It’s the state legislature that you also have to be concerned with. Same as the federal level with the President, and the House and Senate. Not much gets done if you can’t get your agenda passed.

[electric_blue68]

190. Under rare occasions, I believe

[wnylib]

195. Since 1900, 10 Republican governors.

Since 1900, 7 Republican mayors of NYC.

[electric_blue68]

197. Rare-ish. And Mayor Lindsey was a Liberal Republican...

Pre my ability to vote - I did volunteer for 2 different Liberal Republicans.


Why?!!??

Because Those Democrats were More Conservative on Social Issues. Different times back then in NY.

[electric_blue68]

182. We'll be there! (NYC'r 👍 ) (rural NYS is *beautiful* 💖 )

[LetMyPeopleVote]

215. I listened to the oral arguments, and it was clear that Roe was dead

[Oneironaut]

135. Welll, what are we going to do? (Droopy Dog voice)

I guess I’ll go whine about how terrible this is on MSNBC, and chastise members of my own party who suggest doing anything else, like protesting (gasp!).

Goddamn useless shits. Stop whining on cable news and actually organize protests ffs. We need you now. You have the clout and money to bring in crowds. Get off your fucking ass damn it!

History shows they aren’t going to do shit, though.

I’m sure this is going to get hidden, but, you know I’m right.

[hamsterjill]

141. I know you're right.

It better not get hidden. It’s the truth.

[LongtimeAZDem]

206. The fight was six years ago. We begged people to see it, but they accused us of fear mongering.

[DemocraticPatriot]

142. What do you want Dems to do about it ???

I don't see it just being "accepted", except from a legal standpoint. From a legal standpoint, our hands may be tied...


Personally, I think maybe we should not accept the "legal standpoint", anymore than the anti-slavery movement accepted the "legal standpoint" after the Dred Scot decision. This pending decision enslaves women, and is not Constitutional-- no matter what a right-wing Supreme Court may say. Their decision will be worth just as much as that of any bar-room in the state of Wyoming...

[hamsterjill]

154. I want to see fire and brimstone!

I want to see creative means of “breaking” the rules. Expand the court? Whatever it takes.

What do YOU want Dems to do? Sit on their asses and say “oh well”?

[DemocraticPatriot]

157. What I want would get me a hide....

As I stated elsewhere, "on the bright side, Supreme Court Justices only serve 'for life' "

[hamsterjill]

167. I understand completely.

Have you seen the movie “The Star Chamber”? Really good movie.

I think a lot of the replies are sometimes alert bait. I see some of the same posters doing it. It’s absurd. Why try to get someone hidden? One has to ask and then wonder what the goal is.

[LetMyPeopleVote]

214. Control of the SCOTUS was on the ballot in 2016 as well as the fate of Roe v. Wade and VRA

Everyone knew that the control of the SCOTUS was on the ballot in 2016. I worked my butt off to elect Hillary in 2016 because it was clear to me and every other real democrat who looked at this issue that Roe would be dead if TFG was elected. Some stayed home and some voted for Jill Stein. Thank you, Susan Sarandon and her ilk, for this result.

We need to pick up seats in the Seante next year to be able to expand the court and to adopt a nationwide version of Roe. In Texas, we need to work hard to defeat Abbott and Dan Patrick. We have to overcome some extreme gerrymanders but we need to pick up the Texas House and Texas Senate to try to change things.

I suspect that DeathSantis will find Democrats motivated in Florida.

[IronLionZion]

10. Aggressive move during an election year

they must think it will help turnout from their anti-choice voters

[Joinfortmill]

48. It's going to turn out Dems big time.

[hamsterjill]

80. I hope so.

But I wonder if that will even make a difference. It won’t in Texas where I live.

[IronLionZion]

145. I hope we have a blue wave

if the other side gets complacent

[SouthBayDem]

257. But as long as inflation continues,

the pro choice activist vote will be offset by those who vote against incumbents based on their feelings about the economy

[Grokenstein]

11. We see The Handmaid's Tale as a sci-fi/horror story.

They see a blueprint for a bright and shining future.

[Joinfortmill]

50. Yeah, scary shit.

[LetMyPeopleVote]

12. Control of the SCOTUS was on the ballot in 2016 as well as the fate of Roe v. Wade and VRA

We are seeing the effects of the work of Jill Stein and Susan Sarandon

[vanlassie]

25. Don't forget SUSAN COLLINS.

[OrlandoDem2]

39. IT IS SUSAN EFFING COLLINS!!

[vanlassie]

54. SUSAN EFFING COLLINS.

[LetMyPeopleVote]

217. Collins will be shocked, just shocked Kavanaugh is at the forefront of the crusade to gut Roe.

Collins was in favor of gutting Roe but never admitted it

[Rhiannon12866]

104. Who are both women.

[groundloop]

14. And yet they close their eyes to what was intended by "well regulated militia"

[nattyice]

38. Fear not. This ruling means that the militia requirement can be reinterpreted

[pwb]

16. This may turn the country Blue.

This election could once and for all silence the Vocal minority against women. Women form up.

[Joinfortmill]

53. Yup.

[Big Blue Marble]

106. This totally changes the chemistry of the mid-terms.

We need young people to vote in an off-year election. If this does not motivate them,
what will?

[Eliot Rosewater]

17. Women who disobey and have sex without permission will have to risk death to have an abortion.

America is broken, very badly.

How are those HILLARY bashers feeling tonight?

[ShazzieB]

82. Yes, if they can't get to a blue state.

Which they should NOT have to do, don't get me wrong. But there ARE still places in this country where reproductive rights will continue to exist, including Illinois, where I live. As bad as this news is, we shouldn't lose sight of that.

[groundloop]

112. My thought also, but sadly that will be prohibitively expensive for many.

Once again the divide between the poor and everyone else will rear its' ugly head.

[electric_blue68]

199. Maybe this time more women and men will contribute to some kind of traveling, lodging etc funds...

in Blue States.

[spudspud]

121. Unless the Repubs take back the house, senate and presidency.

And pass a national law banning abortion, since it's no longer a constitutionally protected right (per this draft opinion).

[Raven123]

18. If this story is true, Roberts needs to find out how it happened.

[PoliticAverse]

93. I'd guess a clerk for one of the justices leaked it. n/t

[Baitball Blogger]

19. this is what happens when the Supreme Court gets politicized with hard right conservative.

Judge Roberts, your leadership on the Supreme Court was part of the hard right take-over of the Court. Enjoy your success for now with your right-wing comrades. History will label you as an American failure.

[Bev54]

26. We all knew it was going to happen, doesn't make the shock of it any less though.

[Joinfortmill]

57. Amen. Boy, am I pissed.

[Ocelot II]

21. It's unheard-of for draft opinions to leak. I wonder who leaked this one, and why?

[TomSlick]

28. There will surely be an exhaustive investigation inside the Court.

If this leak can be traced at least one head will roll.

[mahatmakanejeeves]

226. This is how you protect sources. Document's metadata provides no solid hints as to its provenance.

JDMandelHat Retweeted

This is how you protect sources.

The document's metadata provides no solid hints as to its provenance. The copy that's currently linked in the story appears to have been created seven minutes before the Politico story hit the website.
https://politico.com/f/?id=00000180-874f-dd36-a38c-c74f98520000

Link to tweet

[LeftInTX]

249. Oh yeah..

It's pretty easy to do. Just copy the original and convert to PDF.
The original is not in PDF, that's for sure!

[markpkessinger]

162. My bet is that it was the conservative justices themselves (or their staff) who leaked it . . .

. . . in order to gauge public reaction before the opinion is finalized and published.

[tishaLA]

23. They'll be going after marriage equality next

Enough elected repubs are already talking about it.

[TomSlick]

70. My bet is that contraception is next.

Roe is based on the right to privacy found in Griswold. If Roe falls, its predecessor Griswold must surely be next.

The marriage equality case, Obergefell, is based on the right to marry as in Loving v. Virginia. Griswold is cited in Obergefell but it is not central to the decision.

There is a movement in fundamentalist protestant circles opposed to artificial contraception. Of course, the Roman Catholic Church holds that contraception is anathema. Five justices, Roberts, Thomas, Alito, Kavanaugh and Barrett, are conservative Catholics. (Sotomayor is also Catholic but surely will not vote to overturn Roe.) If a state controlled by fundamentalists decided to ban contraception, overruling Roe sets up a reversal of Griswold and there is a sufficient conservative Catholic majority.

[jmowreader]

129. Not necessarily

They'll certainly get around to overturning Griswold, Loving and Obergefell, but I'm betting on the religious right going shopping for a case that'll give the Supremes grounds to overturn Engel v Vitale, Abington School District v Schempp and Lee v Weisman.

Abington (1963) declared school-sponsored Bible reading unconstitutional.
Weisman (1992) declared schools sponsoring preachers to conduct prayers was unconstitutional.
Engel (1962) declared official school prayers to be unconstitutional.

The fundies have hated those three decisions for a REALLY long time.

[TomSlick]

130. Abington, Weisman and Engel are certainly on the shopping list.

If stare decisis is dead, every case is suspect. However, it's a straight line between Roe and Griswold. We are probably discussing the order in which what we thought was established law is overturned.

I'm still lost somewhere between denial and anger but I fear dark times are ahead.

[hamsterjill]

85. Oh you can bet on that!

The crazies are chomping at the bit to make same sex couples criminals.

[dalton99a]

27. You can read the 98-page pdf at:

https://www.politico.com/f/?id=00000180-874f-dd36-a38c-c74f98520000

[moonshinegnomie]

31. every woman should start a general strike across the country

shut the country down.

[Joinfortmill]

58. We should.

[wnylib]

151. Pink flu.

[demmiblue]

32. Neal Katyal:

This is the equivalent of the pentagon papers leak, but at the Supreme Court. I’m pretty sure there has never ever been such a leak. And certainly not in the years I’ve been following the Supreme Court. END

Sorry one last thing for those wondering about Court procedure: After oral argument the Justices take a tentative vote. This would have happened in December. The senior most justice in the majority gets to assign the opinion. That might have been Roberts, but doubtful since...

Alito wrote this draft.
Now, once the draft is circulated, the justices in dissent will write an opinion. That's presumably happening now. But the tenative vote seems strong, and Chief Justice Roberts is irrelevant if the 4 + Alito hold with their tentative votes.

So there is the possibility an opinion can flip after oral argument and the tentative vote, so it's theoretically powerful the Alito opinion won't be the vote of the Court. But it would require a Justice BESIDES Chief Justice Roberts to flip.

Link to tweet

Link to tweet

[Ocelot II]

42. That was my first thought - How the bloody hell did this leak?

Draft opinions are never leaked. Who did it, and what was their purpose? Might the leak affect the outcome? Katyal is right; this is Pentagon Papers-level leakage.

[ShazzieB]

87. Some in this thread are suggesting it may have been delberate.

[Ocelot II]

92. It had to have been intentional, considering how tightly the court controls information

relating to its deliberations. It's not like a copy fell into a waste basket and somebody found it in a dumpster. This just doesn't happen.

[electric_blue68]

158. Bwah! Sorry, I had to laugh. "Oh. Lookie here?! What's this?" Def Pentagon Papers level!

[PoliticAverse]

94. I'd guess a clerk for one of the justices leaked it. It's possible one of the pro-choice

justices leaked it though.

This leak WILL have repercussions.

[wnylib]

164. Might have been a liberal clerk giving us a heads up.

[scarletlib]

33. Margaret Atwood author The Handmaids Tale on with Ali Velshi this past Sunday.

In discussing forcing women to have babies she said it is a form of ownership of a woman’s body. If a military draft still existed and men were still conscripted that is also government ownership of the body.
When men were drafted, the government then had the responsibility to see that they were housed, fed given medical treatment, and paid accordingly.
Her point is that the government is conscripting women into forced pregnancy then it has the obligation to proved appropriate housing, food ,medical support and financial support.

If this comes to pass enterprising attorneys need to file class action lawsuits to force states to provide support.

[DBoon]

128. also during the military draft a man was only owned for a few years

This implies a woman is owned from puberty to menopause, meaning most of her adult life

This is close to slavery, where one is owned from birth to death

[scarletlib]

229. Agreed

[vlyons]

34. looks like a constitutional amendment is needed

and that will be close to impossible

[bucolic_frolic]

35. Reactionary morons

[DonCoquixote]

37. hey susan sarandon

THIS IS ON YOU, and may generations of women hate you for it

[tiredtoo]

46. Move on! EOM

[Piasladic]

47. you got that right

Rocky Horror is much more horrific since she sold us out. I can't stand her voice now.

[DemocraticPatriot]

161. Susan who??

[oasis]

193. +1

[LongtimeAZDem]

200. Sarandon didn't smear Clinton by herself; she had lots of help, even around here.

[betsuni]

225. +1

[tiredtoo]

41. Having difficulty believing this

How are the repugs going to get the Evangelicals to vote?

[wnylib]

169. By promising that contraception and

marriage equality are next.

If they get those through, the next agenda item will be to rescind civil rights laws. The SC has made a start on that already by eliminating voting oversight in states where it was required.

Give them an inch and they take 10,000 miles.

[dsharp88]

45. Women of the United States of America, republicans wrested from your hands the fate of your lives.

#VoteIntelligently

[Botany]

49. Rule of the minority over the majority ..... Alito, Roberts, Kavanaugh, Gorsch,and Coney Island ..

.... have no business on the court and 3 other women all with the same stories about Thomas' behavior
were not heard.

This will turn out the women's vote for blue big time.

BTW "they" aim to rig the election big time.

[JohnSJ]

52. Hey Nina Turner, David Sirota, Briahna and Joy Gray. Aren't you proud that you not only refused to

to vote for Hillary in the general election in 2016, but encouraged others to do likewise, and showed no remorse for your actions

You own this

[DonCoquixote]

56. throw in ted rall, jill stein

all the other pets at Russia Today.

[JohnSJ]

68. Yup, and that is what a lot of the folks that listened to them did, voted for Jill Stein

Nader the candidate in 2000 that gave us bush, and Jill Stein did it in 2016

[greatauntoftriplets]

55. The ones who voted for this can go to hell.

[madamesilverspurs]

59. Loud and clear

[StarryNite]

210. Loud and clear

[ancianita]

60. This impacts 51% females of the USA, ruled by a majority male SCOTUS.

Overturning all settled law that protects the rights of 51% of the US population.


In January 1973, the Supreme Court issued a 7–2 decision in McCorvey's favor ruling that the Due Process Clause of the Fourteenth Amendment to the United States Constitution provides a "right to privacy" that protects a pregnant woman's right to choose whether to have an abortion.

This is not about mere religious belief based on Iron Age holy books. This is about human rights violations.

HALF THE AMERICAN POPULATION IS IN THE SCOTUS MINDER ZONE BECAUSE MEN'S negative justice already HAS overly burdened abortion access and other laws now passed by the hundreds against women.

This SCOTUS argument to overturn Roe is negative legal control of over half the population's god-given free will and bodily autonomy and privacy. It is a humanitarian catastrophe.

[electric_blue68]

165. T H I S

[LiberalFighter]

65. I pray that heart attacks occur.

[dixiechiken1]

115. I find myself thinking thoughts like that...

Way, way, WAAYYYY more often than ever before lately. I'm sure it's not healthy but THEY'VE DRIVEN ME TO IT!

[mcar]

66. Has a SCOTUS opinion ever leaked before?

[Ocelot II]

89. I am not aware of any such occurrences in the past.

Courts are very protective of internal deliberations. I was once a clerk for a state appellate court whose procedures were similar, and we weren't allowed to tell anybody, even a spouse, what cases we were working on, let alone how the court was likely to decide. If someone had actually leaked a draft opinion and their identity was discovered, their head would have rolled - they'd have been summarily fired, and they'd probably never get a law-related job again. The USSC is certainly at least as strict. Whoever leaked this was taking a huge chance, and I am wondering what their motive might be.

[mcar]

91. Thanks for your perspective

[PoliticAverse]

96. Yes, during Nixon's administration. n/t

[mcar]

99. Thanks

[PoliticAverse]

100. The Supreme Court is probably the least leaking part of the federal government by far. n/t

[Ocelot II]

138. The Pentagon Papers were leaked, but not from the Supreme Court.

There was also a leak about a vote not to hear the Watergate appeals of Haldeman, Ehrlichman and Mitchell. But no draft Supreme Court opinion has ever been leaked before.

[PoliticAverse]

207. See...

http://democraticunderground.com/100216650496

[Ocelot II]

238. No *draft opinion* has ever been leaked.

[milestogo]

72. Ginni Thomas, are you leaking this?

[hatrack]

73. "Hillary's too much of a corporate democrat!"

"I don't like the way she laughs!"

"Both sides are just as bad!"

"Biden hasn't done everything he promised to do - I don't think I can vote for him again!"

[mcar]

84. "SCOTUS isn't important"

[herding cats]

103. "It's established law. They'll never overturn it!"

I'm so freaking heartbroken and pissed off right now!

[mcar]

105. Right there with you, herding cats

[JohnSJ]

88. It's sad, but most remember that false narrative

[turbinetree]

76. Maybe its time to expand the courts......

So do these modern day state rights confederates think that Medicare and Social Security should be next.....its not written the Constitution......hell just throw the preamble out the window......the federalist society must have over looked that simple fact .......promote the general welfare.......

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

[dalton99a]

78. +1. Killing Roe is only the beginning

[turbinetree]

243. If people don't fully understand what this means, then maybe someone should explain to them that

privacy is just out the window, social contracts out the window, there grandparents will lose there social security, and they will have to go back and live with the kid, clean food and water they consume out the window, clean air out the window, these federalist society hypocrites are a clear and present danger to this society and I am really not into theocracies......

[onenote]

127. where do we get the votes to do that?

[turbinetree]

241. WE have to get people in both the house and senate it can be done.....

[Cozmo]

95. This should be the kiss of death for the repukes

[Ocelot II]

97. There will be blowback, for sure.

[Rebl2]

118. It hopefully will

The majority of Americans are in favor of choice

[JudyM]

101. Women can be stripped of this most personal fundamental right. But freedumb.

[Orrex]

108. Well, I hope that women enjoyed their brief taste of personhood because those days are over

And the nation is doomed.

[wnylib]

179. I will ALWAYS be a person,

regardless of what any court or legislature says. They do not define me. I do.

[Orrex]

192. You are, of course, correct, and please don't ever fucking change.

[wnylib]

202. At 72, I am too effin old to change.

[rickford66]

111. So, abortion isn't mentioned in the Constitution .....

neither is auto or semi-automatic weapons.

[Alpeduez21]

113. Fuck you Jill Stein and protest voters. Fuck you

Hope making perfect the enemy of good enough has served you well cause it sure has fucked the country.

[StevieM]

201. I am even more disgusted with James Comey.

This is exactly what he wanted.

[uppityperson]

116. K&R for exposure

[BlueIdaho]

117. The Roberts Court

Is a Kangaroo Court. Pass it on.

[JoeOtterbein]

119. I thought that Politico is full of BS?

I have heard view here at least a few times.

[rockfordfile]

124. I don't know but with the make up of this court.

[Ocelot II]

140. It can be, but isn't always.

[JoeOtterbein]

147. "Full of BS" in so many words...

...does not leave any room for anything else.

[qwlauren35]

150. This came from the NY Times.

I don't think the Times would have run it if it wasn't credible.

[wnylib]

183. NPR is also reporting it, as is the BBC.

[OneCrazyDiamond]

120. F@ck all you Senate Republicans who enabled this!

[rockfordfile]

122. Vote out republicans.

[no_hypocrisy]

126. Judicial activism only applies to decisions that expands rights.

[electric_blue68]

146. Hearing some people are taking to the streets!

[electric_blue68]

160. H O W L !!!!!!!!

[Blue Owl]

184. What fresh fucking hell is this????

[LeftInTX]

203. A look into Alito's fucked up mind!

I skimmed it.

I'm thinking: This is one person's opinion.
It's full of shit

It's like he was really pissed and just wrote a bunch of shit.

[Polybius]

186. So when is the decision coming?

Tomorrow? Or still unknown?

[rpannier]

196. Susan Collins??? Curious what you think now

Though I'm almost certain you are either concerned, or your opinion of Kavanaugh was just aspirational (emphasis on the ass part)

[Novara]

242. She is clutching her pearls and furrowing her brow

[Kablooie]

204. I believe it was purposely leaked by someone.

I don’t see how it could help the right to leak it. They will get what they want when it’s finalized.
But how could an early leak help the pro choice side?
Cause overpowering opposition in the hopes that the court will back down?
Seems like a futile goal but why else could it have been leaked?

[PoliticAverse]

208. Well if you want to influence an opinion, you need to do it before it is finalized. n/t

[LittleGirl]

209. So women's bodies have less automony than a corpse eh?

Because that's what this does. You can't touch a dead body even to save a life of another.
But a pregnant woman...she has to do what the court wants.

[C Moon]

211. This was done to take public's eye off the fact that our country was almost overthrown on Jan 6.

And that Trump has several court cases against him.
And that De Santis is taking on Disney.
And that much of the GOP supports a putin as he is committing atrocities in Ukraine.
The list goes on.

The GOP looks TERRIBLE right now.

They ALWAYS bring abortion to the table at election time, and this is the ultimate.

THIS WAS DONE TO HIDE ALL THE CRAP I MENTIONED ABOVE.

...and now we get to watch as Twitter becomes an important tool for the GOP. Just watch.

[StarryNite]

212. That entered my mind too...a distraction

from all of the other stuff.

[C Moon]

213. There's something bigger than anything since 1860 going here, and they need to bury it.

[LetMyPeopleVote]

218. The target has always been the right to privacy

This is the asshole who drafted the Texas abortion law. This asshole wants to strike down the implied right of privacy by getting Roe overruled which would/could lead to striking down the right to same sex marriage. interracial marriage, gay sex and other rights

There is a pattern here. These assholes want to get rid of Griswold and undo the right of privacy. That would cause Lawrence v. Texas (consensual same sex intercourse), Cooling v. Virginia (inter-racial marriage), birth control and same sex marriage to be overturned.

Link to tweet

https://www.comicsands.com/jonathan-mitchell-overturn-gay-marriage-2655065691.html

Though Mitchell's brief, also signed by his co-counsel Adam Mortara, dedicates much of its time to the Texas abortion law's defense, it also questions "lawless" pieces of legislation, namely the Lawrence v. Texas ruling, which decriminalized gay sex nationwide, and the Obergefell v. Hodges ruling, which legalized same-sex marriage.

Though the brief does not say reversing Roe v. Wade would threaten the same-sex marriage ruling, it does say that

""the news is not as good for those who hope to preserve the court-invented rights to homosexual behavior and same-sex marriage …
"These 'rights,' like the right to abortion from Roe, are judicial concoctions, and there is no other source of law that can be invoked to salvage their existence."

It goes on to add that while the Supreme Court should not necessarily overturn Lawrence and Obergefell, it should consider these two rulings as "lawless" as Roe v. Wade and, by extension, Planned Parenthood v. Casey.

"This is not to say that the Court should announce the overruling of Lawrence and Obergefell if it decides to overrule Roe and Casey in this case."
"But neither should the Court hesitate to write an opinion that leaves those decisions hanging by a thread. Lawrence and Obergefell, while far less hazardous to human life, are as lawless as Roe."

Link to tweet

Link to tweet

Link to tweet

[dalton99a]

246. +1. Killing Roe is only the beginning

[YoshidaYui]

219. WHAT??

[BumRushDaShow]

221. I had heard this and saw the OP before going offline last night

and of all the years that I have been on DU (14), I don't know if I recall a news item that literally caused a enough for this OP to be the last one for the rest of a night.

Literally, posted at 8:51 PM EDT last night and at 4:51 am EDT (just hit before this post time), no new LBN OP since.

[bucolic_frolic]

224. "must be" - not 'We overrule it'

Seems escaping responsibility to me. How has this legal 'flaw' been hiding in plain sight for FIFTY YEARS and no one noticed?

[Vinca]

227. I have just 2 thoughts on this issue:

#1 - I view this as a "control over your own body" issue and not an abortion issue. Imagine what would happen if the court ruled all men must have yearly colonoscopies for the next 18 years. The only person who gets to decide birth or no birth is the individual carrying the cells in question. Katty Kay made a good point this morning about men when an unexpected/unwanted pregnancy occurs. They are often nowhere to be found . . . for the next 18 plus years of child rearing and support. This is not equal rights under the law by any stretch of the imagination. And . . .

#2 - Fuck each and every person who decided they didn't like Hillary Clinton in 2016 and wrote in Bernie or Jill or Vermin Supreme (perennial New Hampshire candidate). We wouldn't be close to being in this predicament if Hillary had won all the electoral votes as well as the popular vote. I swear if I hear any person say there is no difference between Republicans and Democrats so they aren't going to vote I'll smash them in the mouth.

[McKim]

231. An Idea

I heard an idea a few years ago that if abortion were outlawed in the US that the Republican Party would lose a large tranche of their voters. This is the one issue that brings them all together and ensures their loyalty. Once this is settled law, their coalitions will fall apart.

[SKKY]

234. I think the most interesting aspect to this is why was it leaked?

Is someone wavering, for either side, and this was done to push them over the edge? Could this have been done to give Democrats time to expand the court? Either way, I don't think this was done by accident, nor without specific intentions. Just not sure what those intentions are.

[Paladin]

235. Take it to the streets. Take it within government buildings.

trump's fascist hordes have already shown how effective such actions are. We are within plain sight of losing what remains of our democracy---we need to fight for it. This is what happens when you repeatedly try to play nice with rightwing thugs.

[sinkingfeeling]

236. Big, big flaw in that! The 'issue of abortion' should be returned to

Women and their doctors. Not 'elected representatives'.

[Jon King]

240. Only step one, contraceptive rights are next.

Right wingers never will be satisfied. This is only the first step.

[Novara]

244. Well duh. They said "and Casey"

Everybody is so damned focused on Roe that they're not paying attention to two very important words: "and Casey."

That means your right to birth control, women.

We need to organize another massive Women's March.

We knew this was coming but honestly, I didn't expect this level of rage. We have to expand the Senate and the House and they will write legislation to protect women. I'm sure this SCOTUS would overturn it, but we can re-establish our rights in the meantime.

And while we're at it, PASS THE FUCKIING ERA! If we have equal rights, we have equal autonomy. Any law limiting that is immediately unconstitutional, no ifs, ands, or buts.

[llashram]

245. IF this initial opinion

by Alito survives, incompetence, RW bigotry and male(with female help) misogyny and self hate rules. Next, Civil Rights, Voting Rights Acts...no doubts. and no surprise. The recent packing of the Supreme Court with justices THAT DO NOT BELONG THERE, trumps picks, is about to turn back the clock to the "good old days" for the white male and those who lick his boots.

[BlueWavePsych]

247. Jeez, What's next? Recriminalize Gay Sex and Marriage ???

https://www.comicsands.com/jonathan-mitchell-overturn-gay-marriage-2655065691.html

[malthaussen]

250. Well, we knew they'd pull this if they got the chance.

It's still a travesty. The Court's credibility continues to plummet.

Maybe, while we're at it, we should send the question of slavery "back to the states," as that, too, would be in line with a certain interpretation of the Constitution.

-- Mal

[Novara]

252. Shhhhhh. Don't let them hear this. They'll do it.

[TeamProg]

254. We are GOING the WRONG DIRECTION! n/t

[LeftInTX]

255. Alito wants to bring back sodomy laws too!

[DallasNE]

258. Aito Is A Little Fast And Loose With The Truth

With a couple of his comments on the history of abortion in this country. He has to be in order to make his opinion work. One of the issues with this ruling then is how really weak its arguments are. It reminds one of Dred Scott in that regard. There is also the issue of integrity that has to be dealt with. At least 2 of the conservative justices made statements under oath that cannot be reconciled by their votes here. That is called perjury. The ramifications here should go well beyond the issue of a woman's right to choose.

[ck4829]

259. ...