Someone working within the Supreme Court leaked a draft decision to Politico written by Justice Samuel Alito purporting to overturn Roe v Wade. If true, this is welcome news to pro-life warriors everywhere who have prayed, marched, sidewalk-counseled, written letters, lobbied elected officials, started pro-life clubs, and donated money to pro-life causes to bring an end to the scandal of Roe v Wade.
Roe has been bookended by scandal. It was a scandal when decided in 1973, and it is a scandal today in the way a draft decision was leaked to the press before a decision is official.
Why was this draft document leaked?
Intimidation. And it appears to have been coordinated with the Democratic Party, which began to fundraise on it last night, and abortion groups:
In lockstep with the leak, abortion groups instantly appeared before the Supreme Court last night with chants of ‘fascist scum have got to go’ mingled with the names of Republican-appointed justices. Protestors displayed signs which said “F-CK SCOTUS,” and “Sam Alito Retire B-tch.”
Abortion-minded politicians have egged on the abortion mob in the past.
Standing in front of the Supreme Building in March of 2020, Senate Majority Leader Chuck Schumer attempted to intimidate Justices Neil Gorsuch and Brett Kavanaugh with this overheated rhetoric before an already inflamed crowd:
“I want to tell you Gorsuch. I want to tell you Kavanaugh. You have released the whirlwind and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”
Mobs are used to intimidate. And indeed, abortion protestors can quickly morph into a mob, as Molly Hemingway reported, writing for The Federalist:
“The Supreme Court was attacked by a crazed mob in the aftermath of the Kavanaugh confirmation. Hundreds of raucous protesters tried to break down the 13-ton bronze doors. They scaled the building and its statues and threw tomatoes and water bottles at the cars of justices who had attended his swearing-in. The mob even went after Justices Ruth Bader Ginsburg and Elena Kagan.
Mobs had also rioted in Senate buildings in the lead-up to Kavanaugh’s confirmation. They had disrupted the official constitutional proceedings associated with his nomination and review.”
So, does this leaked draft suggest that Roe IS going to be overturned?
We hope so, but as baseball great, Yogi Berra once said, “it ain’t over until it’s over.” Clearly, the leaked draft is intended to intimidate an originalist jurist to change his/her vote.
Who supports overturning Roe?
According to Politico, all three Trump nominees, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, are on board to overturn Roe. Same with Clarence Thomas and Samuel Alito, author of the draft decision. Chief Justice John Roberts is apparently undecided. Politico’s reporting makes it clear that this isn’t a done deal:
“Deliberations on controversial cases have in the past been fluid. Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading, sometimes until just days before a decision is unveiled. The court’s holding will not be final until it is published, likely in the next two months.”
So we’re forced to return to the motive behind the leak of the Alito draft. The whirlwind which Chuck Schumer unleashed (not ‘Gorsuch and Kavanaugh’) is intended to threaten at least five justices into rethinking the Alito decision and water down the draft, or completely reverse course. It’s not likely to happen, but the threat is apparent, and it is real.
So, assuming Roe IS reversed, how does that affect Iowa?
Not at all. Each state will regulate abortion according to the desires of their voters. In Iowa, abortions aren’t allowed after 20 weeks, when the unborn person feels pain.
However, in 2018, the Iowa Supreme Court discovered a ‘fundamental right to abortion’ in the Iowa Constitution. Pulse Life Advocates, in conjunction with our allies in the Iowa Pro-Life Coalition, are fighting back with a proposed Protect Life Amendment to the Iowa Constitution.
Whether Roe actually falls or not, pro-lifers MUST get this Amendment across the finish line.
In the meantime, let us marvel at the scandal of Roe, and savor the likelihood of its demise.