Oh, Lord, let it be so.

Roe v. Wade will be overturned, returning the question of abortion to the states, if a draft majority opinion leaked from the Supreme Court holds up. That according to a bombshell POLITICO report this evening. 

You can see the draft, labeled a “1^st Draft”, dated February 2022, here.

POLITICO describes the opinion in the highly-anticipated Dobbs v. Jackson Women’s Health Organization as a “full-throated, unflinching repudiation” of Roe and the subsequent 1992 Planned Parenthood v. Casey decision that brought an open season to the unborn. Over 63 million children have been aborted in the U.S. since the Roe decision.

What the Decision Says

Justice Samuel Alito allegedly wrote:

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.

The draft lays out five factors weighing strongly in favor of overturning Roe and Casey:

The nature of their error, the quality of their reasoning, the “workability” of the rules they imposed on the country, their disruptive effect on other areas of the law, and the absence of concrete reliance.”

It concludes:

Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.  

Sources tell POLITICO that Justice Samuel Alito was joined by Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. The three liberal justices voted to preserve Roe. It was unclear where Chief Justice John Roberts came down.

Why Was It Leaked? It’s Never Happened Before

There has never been a leak like this out of the Supreme Court. Ever. Fox News host and one-time SCOTUS law clerk Laura Ingraham called it a “shocking and unprecedented breach.” And given the powder keg of the issue, you have to ask who would leak the draft? Who would put their career at risk with such an egregious violation of court rules? 

A safe bet is the pro-abortion forces with one aim: To let loose the bloodthirsty hounds on moderate leaning judges to get them to change their mind. Chief Justice John Roberts, who reportedly wasn’t one of the five who voted to overturn Roe, has already proven susceptible to political pressure. (Remember his switched vote on Obamacare?) All the hounds need is one more.

Ask Brett Kavanaugh what those forces are capable of. Heck, ask Stream contributor Mark Judge.

The leaker could also be motivated by the upcoming midterms. A Hail Mary, of sorts, to help fire up dispirited Democrats. Or to even prod Congress to pack the Court while they still can.  

Way Too Soon to Celebrate

We must be careful. The fact is votes can change as opinions and drafts bounce between the Justices. POLITICO’s sources say the vote tally hasn’t moved since the draft was first circulated in February. But a final opinion isn’t expected to drop until June. And as we said, the pressure and God knows what else on the pro-overturning Justices will be beyond belief.

However, if the draft is legit, the Justices hold true, and an opinion completely obliterating the bloodstain of Roe and Casey holds come June, what a glorious day for life.

But until then, we have to accept Roe isn’t over ‘til it’s over. And we must fervently pray. 

 

Al Perrotta is the Managing Editor of The Stream, chief barista for The Brew and co-author, with John Zmirak, of The Politically Incorrect Guide to Immigration. You can follow him at @StreamingAl at GETTR, Gab, Parler, and now at TRUTH Social.