Just when you thought the midterm elections were going to turn on inflation and the economy, Save Jerseyans, the news cycle provides a fresh twist.
It came Monday in the form of an alleged 98-page draft opinion authored by Trenton-native and Associate Supreme Court Justice Sam Alito for a pending Mississippi case which was leaked to Politico. If verified, the draft opinion appears to represent a historic 5-4 rebuke to Roe v. Wade and its progeny, a massive reversal nearly 50 years after the landmark Roe decision that could catapult abortion to a lead position on the fall campaign trail.
“We hold that Roe and Casey must be overruled,” writes Alito. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
The decision isn’t official and the justices can still change their votes.
But how did it happen? The leak – unheard of in the history of the High Court – is almost as big of a story as the decision itself:
The document leaked to Politico is almost certainly an authentic draft opinion by J. Alito that reflects what he believes at least 5 members of the Court have voted to support — overruling Roe. But as Alito’s draft, it does not reflect the comments or reactions of other Justices.
— SCOTUSblog (@SCOTUSblog) May 3, 2022
It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff. This leak is the gravest, most unforgivable sin.
— SCOTUSblog (@SCOTUSblog) May 3, 2022
Was a Leftist clerk trying to whip up public opposition? Whoever leaked this alleged draft of Alito’s opinion should be disbarred at the very least.
More likely: they’ll be a regular guest on Jen Psaki’s new MSNBC program.
I think Marco Rubio made the best point (assuming my suspicion holds up):
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
