Fri May 6, 2022 – 10:04 am EDTFri May 6, 2022 – 10:07 am EDT
(Thomas More Society) – We applaud the legal excellence and persuasive power of the draft opinion, authored by Justice Alito, reversing Roe v. Wade, and returning the issue whether, and to what extent, abortions should be legally permitted to the political sphere to be fought on a state-by-state basis.
But we remain deeply concerned. Some thirty years ago, we have been told, another draft opinion, reversing Roe, was circulated among the Justices, although not leaked to the public.
We have been told, further, that the sharp reaction to this proposed draft reversal of Roe on the part of pro-abortion Justices persuaded three Justices — O’Connor, J., Souter, J., and Kennedy, J. — to change course and join in a concurring opinion that left the so-called “essential holding” of Roe intact, while subject to a new and unduly vague “undue burden” test applicable to state efforts to regulate and restrict abortion.
We believe the leak of Justice Alito’s draft opinion to the public — an egregious breach of confidentiality at the high Court, that ought to be vigorously investigated and prosecuted —
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