A Betrayal of the Court: What We Know

Last night, a Supreme Court draft opinion in the pending case Dobbs v. Jackson Women’s Health Organization, which could potentially overturn Roe v. Wade, was leaked. The Left is using this leak to pressure the Justices, undermine the Supreme Court itself, and make Roe permanent.

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The leaked opinion draft written by Justice Samuel Alito states:

"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 opinion continues:

"Neither Roe nor Casey saw fit to invoke this theory, and it squarely foreclosed by our precedents, which establish that a State’s regulation of abortion is not a sex-based classification and is thus not subject to the 'heightened scrutiny' that applies to such classifications. The regulation of a medical procedure that only one sex can undergo does not trigger heightened constitutional scrutiny unless the regulation is a 'mere pretext {} designed to effect an invidious discrimination against members of one sex or other.' And, as the Court has stated, the 'goal of preventing abortion' does not constitute 'invidiously discriminatory animus against women.'"

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