Politico has just leaked a “1st Draft” Opinion by Justice Alito of the Supreme Court of the United States If issued formally, this text would overturn Roe v Wade, the 1973 ruling which established “a broad right to obtain” abortion.
The 98 page Draft makes fascinating reading. It states that the decisions in Roe versus Wade 1973 and in Planned Parenthood versus Casey in 1992 must be over-ruled. I cite from pages 5 and 6:
“… the doctrine on which Casey’s opinion was based, does not compel unending adherence to Roe’s abuse of judicial authority. Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division. It is time to heed the Constitution and return the issue of abortion to the people’s representatives…………….. That is what the Constitution and the Rule of Law demand.
It is not for the Courts to contrive and initiate law, but to apply it. Nor is it the role of the Courts to implement ideological agendas and thereby by-pass legitimate democratic debate in order to impose a view. After 50 years, it appears that the Supreme Court is about to blow the whistle on judicial delusion and distortion born of Ideology and Decadence.
Proof that Roe v Wade is about Ideology and not about the American Constitution and the Rule of Law is evident in the public reactions of leading abortion rights activists.
VP Kamala Harris is a lawyer and former Attorney General of the State of California. Her reaction is revealing. Adopting the classic liberal/Left stratagem of the Rights Fundamentalist, Harris refuses point blank to engage with experience, reality and the Law. She refuses to address what the draft ruling actually says and why it says it.
Why ? Because the explanation given by Justice Alito in his draft opinion circulated to the other 8 Justices of the Supreme Court is incontrovertible. It speaks constitutional and legal rectitude, exposing blatant nonsense.
On page 41, Justice Alito points out starkly that
“Roe found that the Constitution implicitly conferred a right to obtain an abortion, but it failed to ground its decision in text, history or precedent”.
The outrageous transgression committed by the Roe ruling is examined under 5 critical heads. From pages 39 to 59, Alito examines
- the nature of the error manifest in Roe – from page 39
- the quality of the Justices reasoning in Roe – from page 41
- the workability of the Rules they imposed on America – page 52
- the disruptive effect of their ruling on other areas of the law – pages 58 to 59 are damning !
- the absence of concrete reliance on the constitution and on law – page 59
Re this last, the two appendices from pages 68 to 98, list the actual laws in place in the various States and Territories in the 19th century re abortion. This totally undermines the Roe reliance on progressive’s erroneous interpretation of the 1868 14th Amendment provisions re personal liberty.
So Kamala Harris talks only in terms of generic “Rights”. And she uses the most atrocious, populist language about the implications of this draft Opinion. She deliberately but erroneously states that other Rights are now threatened.
Justice Alito, however, makes clear on, for example, pages 5, 32 and 62 that other liberties are not in issue. Abortion is unique. On page 62 Alito states:
” And to ensure that our decision is not misunderstood or mischaracterized, we emphasize that our decision concerns the constitutional right to abortion and no other right. Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.”
Regardless, Harris states all individual rights are now under threat from Republican Big Government .
How can a ruling which puts this issue back in the hands of no less than 50 individual States and their elected legislatures be construed as totalitarian repression about to strip Americans of their liberties ?
Answer: woke propaganda. Turn the truth on its head; refuse to engage with the paradigm of reality and experience; talk only in terms of your own narrow, ideological perspective; treat opponents as evil, regardless of the truth.
Kamala Harris hates Justice Atoli’s draft for one simple reason. It deprives the abortion lobby of its stranglehold on a single pressure point in the body politic – its ability to impose its extremist agenda on all 50 States.
The Alito draft ruling means that democracy and constitutionality can be restored to the American people on this life and death issue. It means that States will now be free to oppose, restrict or indeed licence abortion. On page 63 Justice Alito even says of the Supreme Court: “we cannot exceed the scope of our authority under the Constitution”.
It means that the elected State representatives can consider the reality of what abortion means and the barbaric procedures carried on in the name of all powerful, all righteous abortion Rights. Justice Alito points out that there are legitimate interests which States will wish to consider, and which are the province of the legislatures to determine, not the Supreme Court. On page 66, he draws attention to “legitimate interests” such as
- elimination of gruesome or barbaric procedures – dilation and evacuation crush and tear the unborn life [details at page 7]
- respect for prenatal life at all stages
- concerns for the mothers health and safety
- preserving the integrity of the medical profession
- mitigation of fetal pain
- preventing discrimination on the basis of sex, race or disability
Accordingly, Justice Atoli concludes that such “legitimate interests justfiy Mississippi’s Gestational Age Act” – the specific case on which the Court is ruling.
But such real “legitimate interests” are irrelevant to narrow-minded, callous Rights Fundamentalists. Witness Kamala Harris’s Twitter posts and her speech to Emily’ List on 4th May 2022
The Politico Exclusive which broke the news on May 2nd 2022 is at
PS I examine abortion from a philosophical perspective at