Leaked justice Alito draft opinion will overturn Roe v Wade

Judge Samuel Alito

Supreme Court watchers were shocked late Monday when Politico reported on a seemingly leaked copy of a draft majority opinion written and issued by Justice Samuel Alito that would overturn Roe v. Wade, Planned Parenthood v. Casey, and completely eliminate a constitutional right to abortion. .

The first draft of the majority opinion attributed to Alito notary public shows that “Roe was blatantly wrong from the start”.

The screenshots of the opinion draft can be seen in the tweet below:

The draft (I’ll continue to use all caps) was clearly depicted the old fashioned way and delivered in hard copy. The pdf is not searchable, and has a slight tilt – indicative of a hasty, nervous rush through your Xerox device. pic.twitter.com/nWWtwuNOCT

– Stephen Mazie (@stevenmazie) May 3, 2022

“[F]Stems from achieving a national settlement of the abortion issue,” says Opinion, “Roe and Casey have ignited controversy and deepened the division. “

The case is Dobbs v. Jackson Women’s Health, a challenge to Mississippi’s restrictive abortion law that bans all abortions after 15 weeks of pregnancy in direct violation of standards set by the nation’s Supreme Court in Planned Parenthood v. Casey.

The 68-page draft majority opinion opposes the concept of any legal right to abortion. She felt that despite the ‘constitution-making[ing] There is no mention of abortion,” and that “Never has American law or common law recognized such a right,” Roe created a framework that looks more like “a set of rules very similar to those to be found in a law enacted by a legislature.”

As for the concept of staring, Alito wrote that it “is not compelled to cling endlessly to Roe’s abuse of judicial power.”

Despite the unprecedented nature of the leak regarding an issue of such sweeping national importance, the legal community appears united in believing that the draft opinion is a true representation of what is to come from the Supreme Court.

Josh Gerstein from Politico wrote as follows [bold ours]:

A person familiar with the court’s deliberations said four other Republican-appointed justices — Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Connie Barrett — voted with Alito at the conference call between the justices after oral arguments were heard in December, and that lineup remains without Change as of this week.

Gerstein further says that Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan are working against, and that there is no word yet on how Chief Justice John Roberts plans to vote.

Acting United States Attorney Neil Katial tweeted:

There are plenty of indications that the opinion is legitimate. The length and depth of the analysis, it will be very difficult to fake it. She says it was written by Alito and definitely looks like him. It is over 60 pages long.

– Neal Katyal (@neal_katyal) May 3, 2022

Law professor Rick Hasen also tweeted that he believes the leaked document is Alito’s original draft, noting that the language in the document “really sounds like Alito,” and that he considers Josh Gerstein a respectable source.

From what I’ve read so far this really sounds like Alito. I fully trust @joshgerstein as the live shooter and he trusts this source. This is most likely a real first draft.

— Rick Hasen (@rickhasen) May 3, 2022

“This is an earthquake,” University of Texas law professor Steve Vladeck tweeted about the leak, noting that it was important not only for the legal future of reproductive freedom, but also for “the shocking violation of court rules on confidentiality.” Vladek emphasized the unprecedented nature of the leak, adding, “Whatever you think of the leak, the former has *all* about it.”

The SCOTUS blog also described the leak as an “earthquake,” predicting that it would destroy trust among court members. “This leak is the most serious and most unforgivable sin,” the SCOTUS blog wrote on Twitter.

“It is impossible to overstate how amazing and astonishing the Alito draft leak in the abortion case was,” former US Attorney Harry Littman said in a tweet, describing the publicly shared draft, “unprecedented and this is just for starters.”

This overused cliché is never accurate but here it is: It’s impossible to overstate how astounding and amazing Alito’s draft leak is in the event of a miscarriage. Unprecedented and this is only for beginners.

– Harry Litman (@harrylitman) May 3, 2022

New Republic writer Matt Ford drew attention to the context of the Scotos leak in a tweet referring to an interview with Ian Samuel, former writer for the late Justice Antonin Scalia.

For some context on what the potential internal fallout from this leak would look like, here’s what Scalia is reported to have used to tell employees about confidentiality: https://t.co/X05oatmMg9 pic.twitter.com/ivpYMlcUDB

– Matt Ford (@fordm) on May 3, 2022

Samuel said Scalia was upfront about abiding by strict confidentiality and told his staff, “If I ever find out that you’ve betrayed the secrets of what goes on in these rooms, I will do everything in my power to ruin your career.”

Constitutional law professor Dan Epps also tweeted that the leak will likely lead to a “serious court investigation as the president tries to find out who leaked it.”

I suspect there is a serious investigation in court as the president is trying to find out who did the leak.

– Dan Epps (@danepps) May 3, 2022

Washington newspaper reporter Examiner Kami Mundo reported just minutes after the draft opinion was leaked that the barricades around the Supreme Court building.

For now: Barriers around the Supreme Court building, just minutes after reports from Politico leaked that SCOTUS voted to overturn Roe v. Wade. pic.twitter.com/LxR9rbs6TF

– Cami Mondeaux (@cami_mondeaux) May 3, 2022

The draft decision contains a note circulated to the judges on February 10. Of course, a court opinion does not become final until it is officially issued. However, given the context and reports regarding the judges’ votes, legal experts seem united in believing that something very close to Alito’s draft opinion will be released too long in Dobbs v. Jackson and Women’s Health.

The Law and Crime Organization has contacted the Supreme Court Information Office for comment and inquires about the authenticity of the leaked document. We did not receive a response immediately.

[image via Chip Somodevilla/Getty Images]

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