Monday, May 23, 2022
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Will US Supreme Court hold its nerve on abortion?

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THE pending US Supreme Court decision on abortion law has been leaked and indicates that a majority of the nine Supreme Court justices are set to overturn the constitutional right to abortion and to confirm that the question belongs to individual states.

An initial draft ‘majority opinion’ document written by Justice Samuel Alito states that the landmark Roe v Wade decision in 1973 has no legitimate constitutional basis.

The draft opinion reads: ‘Even though the Constitution makes no mention of abortion, the Court held that it confers a broad right to obtain one. It did not claim that American law or the common law had ever recognized such a right, and its survey of history ranged from the constitutionally irrelevant (eg its discussion of abortion in antiquity) to the plainly incorrect (eg its assertion that abortion was probably never a crime under the common law).

Judge Alito pours scorn on Roe, quoting Lawrence Tribe, an extreme left wing law professor, who said in 1973 that the case was ‘not constitutional law,’ and didn’t even try to be. Ultimately, says Alito, ‘Roewas egregiously wrong from the start.’

The decision, if it stands, will not end the carnage of abortion in the US, estimated to have cost the lives of more than 62million aborted babies since 1973. Instead, it returns the matter to the states. ‘It is time,’ writes Alito, ‘to heed the Constitution and return the issue of abortion to the people’s elected representatives.’

Abortion rights are a contentious and highly emotive topic in the USA, yet the media consistently reports that polling shows little public attitude for Roe to be overturned. Many Americans are, however, unhappy about the creep towards later and later ‘interventions’ and it is not just conservatives or people in the Bible Belt who think that abortion should be restricted to the first trimester with no option for legal abortion ‘on demand’. The majority reject ‘late abortions’.

This leak is shocking, not just for its content, but for the act itself, which is unprecedented. Sky News reports that US Chief Justice John Roberts hasannounced an immediate investigation, calling it an ‘egregious breach of trust,’ and a ‘betrayal of the confidences of the court’.

Commentators are speculating about the source and motivation for the leak. The money seems to be on a woke abortion supporter in the legal administration (justices, clerks, secretaries, couriers, printers etc) acting off their own bat or being pressurised into leaking the document with the aim of intimidating the Supreme Court into reversing their decision.

The left, some of whom consider abortion on any grounds at any stage of development up to and including birth to be a ‘universal human right’ are incandescent, calling for ‘Democrats to do something!’

President Joe Biden did not comment on the leak or attempts to undermine the Supreme Court but restated his position that he opposes the move to overturn current abortion law, saying he is ‘ready to act’ if the court attempts to roll back abortion rights.

He said: ‘I believe that a woman’s right to choose is fundamental, Roe has been the law of the land for almost fifty years, and basic fairness and the stability of our law demand that it not be overturned. If the court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose.’ Some suggest he might use the move to restructure the court and increase the number of left-leaning judges.

Senate Majority Leader Chuck Schumer and House Speaker Nancy Pelosi issued a joint statement saying that if the report is true, that the Supreme Court is ‘poised to inflict the greatest restriction of rights in the past fifty years’. I wonder if they slept through all of Covid.

US Senate Republican Leader Mitch McConnell was appalled by the leak describing it as an ‘attack on the independence of the Supreme Court’ and yet ‘another escalation in the radical left’s ongoing campaign to bully and intimidate federal judges’.

He laid into democrat leaders saying, ‘The disgraceful statements by President Biden, Speaker Pelosi, and Leader Schumer refuse to defend judicial independence and the rule of law and instead play into this toxic spectacle. Real leaders should defend the Court’s independence unconditionally.’

Abortion law will pass to State legislatures as it should have done in 1973 with California, New York and other blue states continuing with their death cult approaches. New York Cityalone sees more black babies aborted every year than are born.

Abortion will doubtless be curtailed in red states and any further change will come alongside an existing legislative drive to restrict abortion, Oklahoma being the most recent state to pass bills to regulate access to and funding for abortion: local voting communities will decide the law.

The world waits to see whether the Supreme Court will hold its nerve in the face of the mob and if the Democrat party can stop its headlong descent into further degradation, depravity, and degeneracy. The fate of the US Constitution and millions of unborn lives hang in the balance.

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Kate Dunlop
Kate Dunlop
Kate Dunlop is a mediator.

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