The five conservative judges on the Supreme Court made their ruling to overturn Roe v. Wade due to personal reasons instead of following the rule of law, according to legal experts after a draft of the majority opinion authored by Justice Samuel Alito was leaked to the public on Monday.
The leaked draft dropped like a bombshell, drawing immediate backlash and generating a torrent of outrage that will likely carry into the midterms with potentially disastrous consequences for Republicans.
Roe v. Wade had protected a woman’s right to choose and personal privacy since 1973 when a 7-2 majority of the high court made the ruling. The current make-up of the court presumably ruled to overturn Roe v. Wade by a 5-4 majority. It also signals that the conservative majority intends to overturn other landmark rulings as well, including same-sex marriage, interracial marriage, and contraception.
But in making this outrageous ruling, the high court not only turned itself into an illegitimate institution but also undermined the rule of law and the Constitution.
Former solicitor general Norm Eisen and Brookings Institute analyst Colby Galliher took the Supreme Court to the woodshed.
“By upending one of the core legal principles governing the Supreme Court’s functioning, the Alito draft undermines the rule of law — and the court’s legitimacy,” they wrote for Slate. “It is akin to Trump’s incessant assault on the laws and norms of the presidency, which in time undermined and weakened the executive branch and Americans’ faith in it. Alito and the four justices who are reportedly ready to rule with him are sending the Supreme Court down that same slippery slope. And they are sending a dangerous message: if Roe can be tossed out, then any Supreme Court precedent is in jeopardy. There goes stare decisis.”
“Alito is himself reportedly opposed to abortion in his personal life, as are some of the other members of the majority,” they continued. “With this draft decision, they have apparently allowed their personal agendas to seep into their abandonment of stare decisis and their official policymaking.”
Conservatives are using the Supreme Court to pursue a personal right-wing extremist agenda instead of
ruling based on precedent and the Constitution. They are dangerous and should not be allowed to remain on the bench any longer. They are a disgrace to the robes they wear.
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