Roe v Wade The US Supreme Courts draft ruling on the future of

Tuesday, May 3, 2022
author picture Louis Robert
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Leaked Draft of Roe v Wade Reveals Unforeseen Future of Reproductive Rights

The leaked draft of Roe v Wade describes an unprecedented rewriting of reproductive rights in the United States‚ a dramatic change not seen in half a century. Justices Elena Kagan‚ Stephen G. Breyer‚ and Sonia Sotomayor are already drafting dissents. Meanwhile‚ a vigil outside the court has been held in honor of late Justice Ruth Bader Ginsburg.

Justices Stephen G. Breyer‚ Sonia Sotomayor and Elena Kagan are working on dissents

A former Supreme Court clerk and fan of M.A.S.H.‚ Breyer's recent book continues a conversation with Justice Sonia Sotomayor about the role of the Court. His dissents on Roe v Wade are expected to include several important themes from his recent speeches. Protesters gathered outside the Supreme Court‚ some in silence in front of candles and chanting defiant slogans. The scene was reminiscent of the late night vigil held after the death of Justice Ruth Bader Ginsburg‚ who cast doubt on the future of abortion rights. A few protesters‚ including American University student Jack Lilley‚ came to the court immediately after hearing the news. Despite finals week‚ Lilley was moved by the protesters' enthusiasm. Three female justices are preparing dissents in the case. Sonia Sotomayor‚ a former U.S. district judge‚ has taken anti-government stances on abortion rights and the death penalty. Her dissent was largely criticized by conservatives because she advocated for life‚ while Justice Kennedy selected conservative Justice Breyer. In the past‚ Breyer has read 23 dissents from the bench. In his first case‚ the Supreme Court decided against deference to Congress. She also read United States v. Lopez‚ one of the first dissents. It was a pivotal case that shifted the balance away from the conservative stance of the Supreme Court. Justice Sonia Sotomayor‚ Elena Kagan and Samuel Alito are all working on their Roe v Wade dissents. Breyer‚ Sotomayor and Kagan are all working on dissents‚ and are expected to release them in the next couple of months. Regardless of the outcome of the case‚ Justice Kagan's dissents are likely to be influential in determining the future of women's reproductive rights. The three women whose opinions will come out in June are known as the silence sisters of the Supreme Court. Each has a history of grappling with the abortion issue before becoming a justice. Kagan co-wrote a memo to President Clinton urging him to adopt a late-term abortion ban. Later‚ she argued that the Court should investigate government motives in dealing with first amendment cases.

Justices Stephen G. Breyer and Sonia Sotomayor are drafting dissents

While most people assume the Supreme Court will overturn Roe v Wade‚ many who arrived at the court expressed their dismay about the decision. A leaked draft opinion argues that the Court will uphold the ban despite Justice Alito's dissent. Supporters of abortion rights pointed out that the procedure remained legal. According to Politico‚ Justice Samuel A. Alito Jr. is drafting a draft of an opinion calling Roe wrongly decided. While the draft is not authenticated‚ the majority opinion‚ which has already circulated among court members‚ was written by Alito‚ Clarence Thomas‚ and the three former Trump nominees. Elana Kagan and Stephen G. Breyer are also drafting dissents on Roe v Wade. While Chief Justice John Roberts is ambiguous on the issue‚ the draft is consistent with other major opinions. The draft opinion was leaked to the media by Politico on Monday. Some protestors held candles along the court steps and shouted slogans. Another group was trying to block a smaller number of draft decision supporters from the area outside the court. Ultimately‚ the dissents are expected to be released sometime in late June. The dissents‚ which are expected to be published by the court tomorrow‚ will differ in several key ways. Justice Clarence Thomas has long argued that Roe should be overruled and has urged the Court to overturn Roe. He has also publicly called for overturning the Roe decision because abortion rights have special status in court jurisprudence. While the majority of Americans oppose overturning Roe v. Wade‚ Democrats hope that the outrage will drive voters to the polls. Some are sending fundraising appeals based on this Politico report. While abortion has traditionally motivated anti-abortion voters‚ it is important to remember that this case is different. Elena Kagan and Stephen G. Breyer are among those drafting dissents. Elena Kagan‚ an Obama appointee‚ has appeared frustrated by the lack of cross-ideological negotiation on the court. The conservative chief justice has also expressed frustration with the lack of cross-ideological conciliation. Regardless of whether Breyer or Sotomayor does not vote for the majority‚ she's likely to stay open to overtures by Roberts. Roberts‚ meanwhile‚ has been a consistent conservative‚ but his rightward tendencies have come with the last appointments.

Justice Elena Kagan is working on dissents

The U.S. Supreme Court has decided that Texas' abortion ban is unconstitutional‚ but a majority of justices have chosen to bury their heads in the sand instead of making clear how a state's law violates the Constitution. Elena Kagan has called this law unconstitutional and a breach of precedent‚ but said the majority has buried their heads in the sand and failed to abide by its own precedent. In her dissent‚ she criticized the court's use of a shadow docket process‚ a procedure that cut out oral arguments and overrules normal procedures. As of Thursday‚ three Democratic-appointed justices have released draft opinions‚ indicating they're not sure what the majority wants. In any case‚ the majority opinion would overturn Roe v. Wade‚ the landmark 1973 ruling limiting abortion. The court's first draft of the majority opinion was scooped by Politico. It was authored by Justice Samuel Alito‚ supported by four conservative justices. A poll conducted by CNN showed that 69 percent of respondents were against overturning the ruling. The draft opinion from the Supreme Court is expected to add fuel to the pro-life debate over abortion. Protesters were already gathering outside the Supreme Court building in anticipation of an upcoming draft of the opinion. Some argued that the decision in Roe is based on weak reasoning and damaging consequences‚ arguing that the case was made in an unconstitutional way. Justice Alito‚ who wrote the Roe decision‚ also criticized the casey decision. There are a few reasons why a draft opinion from the Supreme Court might be a mistake: it violates the norms and protocol established by the high court. It is also a sign that the court is unsure of its final decision. The draft opinion could result in rifts within the court‚ and it might test the legitimacy of the high court. Meanwhile‚ local elections may turn into a battleground for abortion rights. The draft opinion is based on familiar arguments against Roe v. Wade. The draft says that the Constitution does not contain language that explicitly grants a constitutional right to abortion. Instead‚ it says the proper approach is to leave the abortion question to the states. This is a sweeping approach that largely rejects the middle-ground approach advocated by Chief Justice John Roberts.

Justice Ruth Bader Ginsburg's death prompts vigil outside court

In honor of the late U.S. Supreme Court Justice Ruth Bader Ginsburg‚ dozens of people gathered outside the U.S. Capitol Sunday for a vigil outside the court. The vigil was centered around a candlelight vigil‚ which was attended by hundreds of people. Some stood outside the court‚ and others sat on the steps of the court‚ reflecting on the impact Ginsburg had on their lives. In addition to a candlelight vigil outside the Supreme Court‚ supporters held a vigil outside the court to demand the replacement of the late justice. The Trump administration has promised to fill Ginsburg's vacancy as soon as possible‚ but Senate Democrats have already said they are pursuing judicial confirmation in the meantime. A similar vacancy in 2020 could serve to remind Trump supporters of the stability of the Republican Party and encourage Democrats who were devoted to Ginsburg to vote to protect her legacy. The death of Ginsburg could also energize younger and less reliable voters. The vigil was organized by Women's March Santa Rosa‚ a group of liberal feminists who have staged similar protests around the country in support of gun control‚ immigration reform‚ and women's rights. Organizers also gathered in New York and Washington‚ D.C. Flags were flown at half-staff in her honor. The funeral plans for Ginsburg are still unknown. The vigil was a last tribute to the departed justice. A memorial service was held for Ginsburg outside the Supreme Court on Thursday evening. People planned to speak their last words at the vigil. A vigil was organized outside the courtroom for her dissents in the case of Gonzales v. Carhart. Ginsburg said that the majority's reasoning was unconstitutional because it failed to follow the law. The dissent was read out loud in public‚ which drew the attention of liberals and conservatives alike. A vigil outside the courthouse is being held outside the Supreme Court to pay tribute to the late justice. In addition to a candlelight vigil‚ people are carrying a photograph of Ginsburg‚ who died from cancer on Monday. In the vigil‚ many people have left flowers and candles to honor her life. These flowers and eulogies are among the many memorials held for the deceased justice.