Before Finally Overturning Roe, Supreme Court Must Block Yet Another Insurrection Attempt
By: Mollie Hemingway
May 03, 2022
The Supreme Court is poised to relinquish its nearly 50-year stranglehold on abortion law and return the debate over whether states may protect unborn human life to the American people and their elected representatives, according to a draft opinion that was leaked to Politico reporters. If the draft opinion authored by Associate Justice Samuel Alito stands, it would be a momentous course correction for the court.
Roe v. Wade, the radical decision that took the abortion debate away from the American people, has myriad legal, scientific, and constitutional critics. Even abortion supporters complained about its weaknesses, as Alito mentions in his draft opinion. Roe was issued in 1973, shortly after the end of the Warren Court, known for pushing through radical changes through the power of a majority of justices rather than on the basis of the Constitution.
“[W]ielding nothing but ‘raw judicial power,’ the Court usurped the power to address a question of profound moral and social importance that the Constitution unequivocally leaves for the people,” Alito wrote in the draft opinion.
A previous attempt to salvage the court’s abortion edicts, Planned Parenthood v. Casey, was supposed to keep the court from having to hear so many controversial abortion cases from the states. Instead, the court has been inundated with challenges to its complicated abortion jurisprudence. And states have gotten better at fine-tuning their challenges.
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https://thefederalist.com/2022/05/03/before-finally-overturning-roe-supreme-court-must-block-yet-another-insurrection-attempt/