According to a new report, the Supreme Court is still on track to overturn Roe v Wade despite the majority opinion changing since it was written in February:
DC EXAMINER – The five-vote majority needed in the Supreme Court to overturn two key precedents on abortion rights remains on track following the leak of a draft majority opinion authored by Justice Samuel Alito, according to a report.
The leaked draft, dated Feb. 10, was first published last week and has most likely been changed in the months since it was written, though three conservative sources with information about the high court said the majority of votes supporting the decision remain unchanged, according to the Washington Post.
Justices who are slated to join Alito’s majority opinion overturning the 1973 case of Roe v. Wade and the 1992 case of Planned Parenthood v. Casey include Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.
Following the publication of the leaked draft on May 2, a separate leak was published shortly after by CNN suggesting Chief Justice John Roberts was not in favor of completely overturning the landmark 1973 ruling, also seen in his arguments over Dobbs v. Jackson Women’s Health Organization last fall when he sought a way to uphold Mississippi’s ban on abortion after 15 weeks of gestation without rejecting the Roe framework.
Roberts, who at times has sided with the three Democratic-appointed minority justices, still appears to oppose completely overhauling Roe and Casey and was attempting to persuade Barrett and Kavanaugh to favor a more incremental approach toward handling abortion restrictions.
It is no surprise to anyone that John Roberts would be in the minority on this one with the activist judges. But hey, if we’ve got five justices on board then we don’t need him, and it appears we still do.
Let’s hope it stays that way because I’ve no doubt that what we saw this weekend, with activists protesting at the homes of these justices, is only the beginning.