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Staggering breach, Supreme Court; abortion draft leaked
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Politico broke the following story: Justice Alito’s leaked draft, which could represent an impending majority decision by the Court, states that Roe v Wade (establishing the federal right to abortion) is dead. Unconstitutional.
If that majority opinion becomes final, the individual States (or the Congress) would rule on abortion from now on.
Alito’s draft: “We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision....”
“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
Anticipating outrage---barricades have been put up around the Supreme Court building.
The Alito draft was obviously LEAKED to the press from inside the Court. An employee passed the draft to Politico, or to someone who then passed it to Politico.
The leak was a staggering breach of ethics at the Court.
These drafts are, of course, supposed to be secret until a final decision is published out in the open.
The leak puts massive pressure on the Court, from the Left, to change its stance.
The leak also functions as a rallying cry for Democrats in the upcoming mid-term elections, which until now appeared to be a looming disaster for the Dems.
Inside the Supreme Court, you can bet the mood is fear, panic, rage, suspicion all rolled up in a fiery ball. WHO LEAKED THE DRAFT?
Who compromised the Court? Who just put the Court at the mercy of the mobocracy? Who is intimidating the Court?
If trust inside the Court is fatally broken, then what?
Is the Court supposed to create its own internal secret police, to monitor every move every employee makes?
And suppose the Alito draft was leaked by a dissenting JUSTICE of the Court? That would represent a whole new level of banana-republic government.
For many, many people, these questions are completely irrelevant. Maintaining the federal right to abortion is the only imperative, and it doesn’t matter how it’s achieved.
There’s more. Another leak? CNN reporter, Mike Valerio, writes: “[Chief Justice] Roberts does NOT want to completely overturn Roe v Wade, meaning he apparently would be dissenting from Alito's draft opinion, likely w the court's 3 liberals, sources tell CNN. Roberts is willing, however, to uphold MS law banning abortion at 15 weeks, CNN learned.”
Really? How did Valerio and CNN learn THAT? Is Valerio merely giving voice to surmise and opinion, or is his main source someone leaking from inside the Court? If the source is a leaker, is it one of Justice Roberts’ clerks? Roberts himself?
OK. Maybe it’s time to launch a new C-SPAN outlet: THE SUPREMES. Put cameras in every room in the Court building and broadcast every detail of every deliberation, in progress, on every case. Expose the whole business. Take ongoing public polls on a daily basis and publish the results, so the Justices can see how much pressure they’re under, and where the pressure is coming from, so they know who to bow to.
We would get this: “A group calling itself Black Justice and another group calling itself White Justice are threatening to…”
Yeah. We really need that.
The Constitution is just a piece of paper.
It’s open to any sort of interpretation, and by interpretation we mean riots and violence. Whoever provokes the most fear wins.
Politico seems to have learned a great deal, from a leaker, about the Court’s internal deliberation on abortion: “A person familiar with the court’s deliberations said that four of the other Republican-appointed justices – Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – had voted with Alito in the conference held among the justices after hearing oral arguments in December, and that line-up remains unchanged as of this week.”
“The three Democratic-appointed justices – Stephen Breyer, Sonia Sotomayor and Elena Kagan – are working on one or more dissents, according to the person. How Chief Justice John Roberts will ultimately vote, and whether he will join an already written opinion or draft his own, is unclear.”
I have several questions for the leaker:
What brands of toothpaste do the Justices use?
What do they eat for breakfast?
Did you go to law school at Harvard? Is that where you learned about extra-judicial outside pressure, as a mode of making law?
How have you been protecting yourself from exposure? Are you sure there are no leakers who can leak on you?
Did you copy Alito’s draft on an old-fashioned Xerox machine?
Did you take the draft home from work?
ARE you a Supreme Court Justice?
Would you be willing to make a list of social and political issues you consider vital to the nation, and indicate how you would adjudicate them, if you were King?
Update 1: Paul Watson, at infowars, writes: “The only people with access to the original [Alito draft] document were the nine justices and their 36 law clerks, meaning it’s almost certain that one of the 36 law clerks leaked the document.”
“When you consider that each justice has four clerks working for them, that probably narrows it down to one of 16 clerks working for the four Democrat-appointed justices.”
Update 2: The Alito draft document is from February. It’s possible Justices could have changed, or will change, their positions before the official release of the Court’s final decision. However, the leaks appear to imply that the Justices’ positions are already set---and would only change if public outrage NOW, in the wake of the leaks, intimidates the Justices.
Update 3: According to Axios, if the Court overturns Roe v Wade completely, the initial and immediate effect would be: 18 states would retain the right of a woman to obtain an abortion; 13 states would have a ban on abortion; in 19 states, there would be “no immediate ban or protection.” All in all, any woman in the US could obtain an abortion, but she might have to travel to get one.
Update 4: Is the leaker a law clerk who is willing to burn his future career---by coming forward and saying I WAS THE ONE WHO DID IT? Does he believe he can escape prosecution, while becoming a super-hero to the Left for all time? Does he know he can find work and money among all the sources of wealth that support the Democratic Party? For example, George Soros?
Update 5: Whether the leak was a solo effort carried out by a law clerk, or a planned covert op, the effect GALVANIZES the Democratic Party. Leaping out of a major depressive funk, the entire apparatus of the Left suddenly sees the upcoming mid-term elections as DOABLE. Winnable. The leak is the Hail Mary pass to the end zone with three seconds left in the game. Register millions of women to vote; women who would have stayed home on Election Day. “Rise up against the old white men on the Court who want to control women’s bodies.” The slogans write themselves. “Murdering women’s freedom is racist.” “Burn SCOTUS down.” That last one is already showing up on Twitter. Now, if only the leaker turns out to be a female law clerk, and a female federal DA stands up and says, “OF COURSE there are no grounds for prosecuting her,” Joe Biden can declare a national holiday.
Update 6: Chief Justice John Roberts confirms the leaked draft document is authentic; states it does not represent the final decision of the Court, and the Court will not be influenced or intimidated; and he has ordered an investigation to find the “egregious” leaker.
Update 7: Gateway Pundit: “Planned Parenthood and two fellow abortion rights advocacy groups announced Monday they will spend $150 million on the 2022 midterm elections, focusing on battleground states as they step up efforts to safeguard abortion access across the country.”
“Then hours later, on Monday night, news broke that the US Supreme Court reportedly voted to END Roe v Wade in a DRAFT OPINION by Justice Samuel Alito according to a report leaked to Politico on Monday night.”
This article is based on information available as of 7:15PM ET, 5/3.
-- Jon Rappoport