http://twitchy.com/samj-3930/2022/05/03/constitution-does-not-include-a-right-to-abortion-thread-describing-alitos-thoughtful-scholarly-and-thorough-draft-will-make-you-fist-pump/
We’ve seen a lot about the actual act of leaking Alito’s draft and of course, the absolute, unhinged, unglued meltdown on the Left over even the POSSIBILITY that they won’t be able to abort on-demand, using the supposedly safe, legal, and RARE procedure as birth control, but what we haven’t seen is much about what the actual draft says.
Big thanks to Carrie Severino for breaking it down for us so even this editor can understand it.
Carrie Severino (@JCNSeverino) ~ The reported draft opinion is thoughtful, scholarly, and thorough. It does the work that the majority in Roe and Casey refused to do, looking to the Constitution itself to determine whether it includes a right to an abortion. The opinion concludes it does not. /1
{Cont.} Justice Alito's opinion does not mince words about Roe and its progeny. He describes Roe as "an abuse of judicial authority" and as being "on a collision course with the Constitution from the day it was decided." /2
{Cont.} More Alito on Roe: "[W]ielding nothing but 'raw judicial power,' the Court usurped the power to address a question of profound moral and social importance that the Constitution unequivocally leaves for the people." /3
{Cont.} The opinion's excellent discussion of the stare decisis factors notes that "some of our most important constitutional decisions have overruled prior precedent," including Brown v. Board, West Coast Hotel Co., and Barnette. /4
{Cont.} With this draft opinion, the Court explicitly rejects attempts to game out the political ramifications of its decision and confines itself to doing its job, "which is to interpret the law, apply longstanding principles of stare decisis, and decide the case accordingly." ​/5
{Cont.} And that *is* exactly the Court's job. Here the Court finally takes itself out of the business of legislating abortion - a task for which it it lacks both the authority and expertise. Instead, that job will rightly be returned to the people and their elected representatives. /6
{Cont.} This is an outstanding opinion, but it is also one that we should not have read tonight. The forces on the radical Left that seek to undermine the institution of the Court have no limit; they will stop at nothing to get what they demand. /7
{Cont.} This leak is just the latest iteration of the Left's shameful campaign to intimidate and undermine the Court, and it should be seen for exactly what it is. /8
Alito nailed it. Sorry, not sorry.
The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted. ~ D.H. Lawrence
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