Maybe we should all read Alito's draft before we shape our opinions. Yes, it's a long tough read (98 pages) but it certainly explains the why and wherefore of his thinking on the matter of abortion. He makes the point that the reason we are overwhelmed with uncertainty over the legal status of abortions is because of how it was created 50 years ago. Alito simply wants to fix the law so we won't ever go through this again. Nowhere does he suggest we halt abortions or change the protocol now set by the states.
https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473]
]“We hold that Roe and Casey must be overruled,” he (Alito) writes in the document, labeled as the “Opinion of the Court.” “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
The court’s holding will not be final until it is published, likely in the next two months.
The immediate impact of the ruling as drafted in February would be to end a half-century guarantee of federal constitutional protection of abortion rights and allow each state to decide whether to restrict or ban abortion. It’s unclear if there have been subsequent changes to the draft.
No draft decision in the modern history of the court has been disclosed publicly while a case was still pending. The unprecedented revelation is bound to intensify the debate over what was already the most controversial case on the docket this term.
A George W. Bush appointee who joined the court in 2006, Alito argues that the 1973 abortion rights ruling was an ill-conceived and deeply flawed decision that invented a right mentioned nowhere in the Constitution and unwisely sought to wrench the contentious issue away from the political branches of government.
Alito’s draft ruling would overturn a decision by the New Orleans-based 5th Circuit Court of Appeals that found the Mississippi law ran afoul of Supreme Court precedent by seeking to effectively ban abortions before viability.
Roe’s “survey of history ranged from the constitutionally irrelevant to the plainly incorrect,” Alito continues, adding that its reasoning was “exceptionally weak,” and that the original decision has had “damaging consequences.”
“The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions,” Alito writes.
Alito approvingly quotes a broad range of critics of the Roe decision. He also points to liberal icons such as the late Justice Ruth Bader Ginsburg and Harvard Law Professor Laurence Tribe, who at certain points in their careers took issue with the reasoning in Roe or its impact on the political process.
“The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion,” the draft concludes. “Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.”
Alito’s draft opinion includes, in small type, a list of about two pages’ worth of decisions in which the justices overruled prior precedents — in many instances reaching results praised by liberals.
Alito’s draft opinion ventures even further into this racially sensitive territory by observing in a footnote that some early proponents of abortion rights also had unsavory views in favor of eugenics.
“Some such supporters have been motivated by a desire to suppress the size of the African American population,” Alito writes. “It is beyond dispute that Roe has had that demographic effect. A highly disproportionate percentage of aborted fetuses are black.”
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Unless i miss my guess this entire mess (including the raging protests in many cities along with injured cops) is over nohting except to give the left a distraction from inflation, the economy, immigration, and any thing else that makes them look bad.