While a leaked majority draft overturning Roe v. Wade has set the nation on fire, and not just figuratively in some places, the big question has been whether it’s going to be representative of the final vote. After all, a draft is just that, and it’s possible that a Justice who decided to overturn Roe months ago may change their mind.
A new Washington Post report provides an important update. It once again indicates that Roe is overturned. It also gives a glimpse into Chief Justice John Roberts’ abject cowardice.
NEW —- Chief Justice Roberts appears to lose the reins. Source says he tried to draft a moderate opinion supporting the 15-week abortion ban. However, ultra conservative wings told him that they have votes to repeal Roe.
@scotusreporterYou can also contact me at +@amarimow https://t.co/i28DEUBoIY— Carol Leonnig (@CarolLeonnig) May 8, 2022
The leaked draft of Alito’s opinion is dated February 10 and is almost surely obsolete now, as justices have had time to offer critiques, dissents and revisions. The five-member majority has been allowed to strike as of last week. RoeAccording to three court-affiliated conservatives, the status quo remains in place. These people, along with others, speak on condition of anonymity because they are unable to disclose sensitive information.
That’s the first big part of this story. The draft, which was dating back to February, had been dated by five Justices as of days ago. These sources said that the Justices still wanted to repeal Roe. And at this late juncture, it’s unlikely any of them would be swayed, especially as the court’s integrity has come under attack from leftwing radicals. It would mean to destroy the institution’s credibility and declare the Supreme Court dead.
Yet, John Roberts, being the absolute coward that he is, is apparently still lobbying for some kind of “compromise” that would hand violent extremists exactly what they want, while completely spitting on the Constitution of the United States.
Roberts is not giving up, there are also reasons to believe. Many who know him well and have watched his maneuvering of the court through other issues are certain he is still preparing his own opinion in hopes he might draw at least one of the court’s newest conservatives to his side. Such an outcome might save 1973′s Roe The affirming 1992 decision was followed by the following. Casey v. Planned Parenthood, while severely limiting their protections…
…Roberts’s incremental approach was evident when the court held oral arguments in December in Dobbs v. Jackson Women’s Health Organization. It concerns Mississippi’s law, which has never gone into effect, banning almost all abortions after 15 weeks of pregnancy. Roberts did not seem to find any support for a compromise, which would have removed the “bright-line” rule. Roe CaseyShare: States may not prohibit abortions prior to viability. This is the time at which the foetus can survive without the mother’s help. It usually takes 22-24 weeks.
The court’s observers believe Roberts continues to advocate a decision which would eliminate the viability line, but keep the other rules. Roe Casey intact. It is possible, but conservatives as well as liberals remain skeptical.
Notable is the fact that Roe & Casey no longer have any enforcement mechanisms if they remove their viability standard. That’s all well and good if you are pro-life, but at that point, how can it be justified under the law to not overturn the two decisions completely? The answer is that it can’t be justified, and Roberts is just a spineless figure looking to appease the left while admitting he does not have the ability to preserve Roe the way he really wants to. It would simply pour gasoline on the fire of the abortion debate–instead of coming to some principled conclusion.
But while the legal aspects are bad enough, the decision to keep hunting for a “compromise,” while holding back the majority decision that is clearly already decided, is outright dangerous. In an effort to influence the court, it encourages the left to become more violent. We’ve seen the results of that over the last week. It is time to end this. The decision needs to be released, and Roberts needs to get over his obsession with “protecting” the court when his action or lack thereof only helps to delegitimize it.
I’m of the opinion that Clarence Thomas wouldn’t be speaking out about the majority not being bullied if this wasn’t a done deal. The government wouldn’t be putting up no-climb fencing around the Supreme Court if this weren’t a done deal. They all know what’s coming, and enough is enough. Let go of the pressure and let the decision be made.
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