That’s why Mitch McConnell threw stones at Barack Obama in the Supreme Court Justice Scalia seat. This is why the GOP forced a sex victim named Brett Kavanagh into court. That’s why Donald Trump and Senate Republicans tossed together Amy Connie Barrett’s nomination within days of Ruth Bader Ginsberg’s passing. It was always the last game: Rowe vs. Wade and Planned Parenthood vs. Casey. They will come for Griswold vs. Connecticut, probably in the next court session. But for now, at the end of the 2021-22 session of the court, a five-judge majority will overturn Rowe and Casey.
The preliminary draft, written by Justice Samuel Alito, voted in favor of overturning the Supreme Court landmark Row v. Wade decision, according to a majority opinion, and was circulated within the court and received by Politico. The draft view is a full-fledged, unequivocal rejection of the 1973 decision that guaranteed federal constitutional protection of the right to abortion, and the subsequent 1992 decision – Planned Parent vs. Casey – which essentially retains the right. “Rowe was grossly wrong from the start,” Alito wrote.
“We think Rowe and Casey must be dismissed,” he wrote in the document, labeled as “court opinion.” “It is time to pay attention to the constitution and return the issue of abortion to the elected representatives of the people.”
Discussions on controversial cases have been fluid in the past. Judges may and may change their vote as draft opinion is circulated, and major decisions may be subject to multiple drafts and vote-trading, sometimes just days before a decision is announced. The court’s holding will not be finalized until it is published, possibly within the next two months.
The immediate effect of the February draft decision would be to end the half-century guarantee of federal constitutional protection of abortion rights and allow each state to decide whether to restrict or prohibit abortion. It is unknown at this time what he will do after leaving the post.
In the modern history of the court no draft decision has been made public while a case was still pending. The unprecedented revelation has forced the term to intensify the controversy over Dockett’s most controversial case.
A source familiar with the court proceedings said that four Republican-appointed judges – Clarence Thomas, Neil Gorsuch, Brett Kavanagh and Amy Connie Barrett – voted with Alito at a conference of judges after hearing oral arguments in December and that the lineup remains unchanged as of this week.
Three Democrat-appointed judges – Stephen Breyer, Sonia Sotomayor and Elena Kagan – are working on one or more dissenting views, according to the individual. It is unknown at this time what he will do after leaving the post.
The truth is, they didn’t even need Roberts’ vote. That’s what they wanted. Because even though Chief Justice Roberts was appointed by W. Bush, they felt that he was “squishy” on conservative issues, such as whether women should have access to health care, or whether women should have reproductive freedom. So the country’s right-wingers have been fighting for decades on this single issue and have finally got what they wanted with Donald Trump: the power to completely rebuild the court. Although overturning a rock was always the last game, let’s be clear: this court will overturn everyone for decades to come. The following year also marked Roy’s 50th birthday.
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