May 4, 2022 - Epoch Times
10:21
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| Time | Text |
|---|---|
| Good evening and boy do we have some big, big news. | |
| According to a bombshell leak that was reported on by Politico, the U.S. Supreme Court has already voted to overturn Roe v. | |
| Wade. | |
| This revelation came in the form of a leaked majority opinion that was written by Justice Samuel Alito and is currently circulating inside of the court. | |
| And so today, let's go through this opinion piece, let's unpack what it actually means and says, and then let's look at the fallout from the actual leak. | |
| And so, let's go through this opinion together. | |
| And just for reference, the case that was actually before the U.S. Supreme Court, it was called Dobbs v. | |
| Jackson Women's Health Organization. | |
| What happened in that case is that back in the year 2018, the state of Mississippi passed a law called the Gestational Age Act, which prohibited almost all abortions, with very few exceptions, after the first 15 weeks of pregnancy. | |
| At the time, Jackson's Women's Health Organization was the only licensed abortion facility throughout the entire state of Mississippi. | |
| One of the doctors in that organization filed a lawsuit in federal court challenging the law. | |
| And after a lot of legal back and forth, the case wound up in front of the U.S. Supreme Court, who, for the first time in a long time, had to make a concrete decision regarding abortion. | |
| Because you see, up until the year 1973, abortion issues were decided state by state. | |
| In fact, back then, you still had 30 states in the country that outlawed completely abortion at all stages of pregnancy. | |
| However, that all changed with the U.S. Supreme Court's decision in the Roe v. Wade case. | |
| Without going into too much detail, what happened in Roe v. Wade was that the Supreme Court made the decision that the U.S. Constitution implicitly contained within it a right to privacy, and therefore, the privacy extended to abortions. | |
| And just like that, with one decision in 1973, the U.S. Supreme Court effectively struck down all the abortion laws in every single state. | |
| And according to the research from the Gutmaker Institute, from 1973 until the year 2022, there have been over 63 million legal abortions performed in America. | |
| For your reference, that's approximately 20% of the total U.S. population. | |
| However, looking at it just from a legal perspective, the U.S. Supreme Court decision has always been, you can say, controversial, with critics arguing that it was beyond a far stretch to say that the framers of the U.S. Constitution intended for abortion to be legal. | |
| And so many people have regarded the decision in Roe v. Wade as an example of legislating from the bench and as the courts usurping lawmaking powers from Congress. | |
| And it looks like now the current U.S. Supreme Court agrees with that notion. | |
| That's because according to this leaked majority opinion, Justice Samuel Alito wrote that the court rejects both the logic as well as the legal protections that were uncovered in Roe v. | |
| Wade. | |
| Here's specifically what he wrote as a part of his opinion. | |
| Quote, So, that is fairly unequivocal. | |
| Furthermore, five months ago, the Mississippi Solicitor General announced He made oral arguments in this case in front of the U.S. Supreme Court, which appeared to foreshadow exactly some of what Justice Alito wrote in his opinion piece. | |
| Here was specifically what the Mississippi Solicitor General said in this case, again, five short months ago. | |
| Roe vs. | |
| Wade and Planned Parenthood vs. | |
| Casey haunt our country. | |
| They have no basis in the Constitution. | |
| They have no home in our history or traditions. | |
| They've damaged the democratic process. | |
| They have poisoned the law. | |
| They have choked off compromise. | |
| For 50 years, they have kept this court at the center of a political battle that it can never resolve. | |
| And 50 years on, they stand alone. | |
| Nowhere else does this court recognize a right to end a human life. | |
| Now, this was the first abortion-related case to be heard by the U.S. Supreme Court since Justice Amy Coney Barrett was confirmed to the court back in the year 2020. | |
| And with her confirmation, the Supreme Court's dynamics changed a bit, with the nominally conservative wing of the court now having a 6-3 majority. | |
| Although it is worth noting that many conservatives who view the court, many court watchers, they argue that the conservative-to-liberal ratio is more like 5-4, because many people consider Chief Justice John Roberts to be a moderate, or perhaps even a liberal, And in fact, it appears that this case is playing out the exact same way. | |
| Here's specifically what the political article said regarding which justices supported getting rid of Roe v. | |
| Wade. | |
| A person familiar with the court's deliberations said that four of the other Republican-appointed justices, namely Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, had voted with Alito in the conference held among the justices after hearing oral arguments in December, and that lineup remains unchanged as of this week. | |
| The three Democratic-appointed justices, namely Stephen Breyer, Sonia Sotomayor, and Alina Koenigin, are working on one or more dissents, according to the person. | |
| How Chief Justice John Roberts will ultimately vote and whether he will join an already written opinion or draft his own is unclear. | |
| Now, the big question, which is obviously still hanging in the air, is how in the world could this opinion have gotten leaked? | |
| Because although the other branches of the government, like the executive and the legislative, they routinely have leaks, the U.S. Supreme Court does not. | |
| In fact, this type of leak is quite literally unheard of, something that even the political article itself recognizes. | |
| Here's in fact what they wrote on this front. | |
| No draft decision in the modern history of the court has been disclosed publicly while a case was still pending. | |
| The unprecedented revelation is bound to incentivize the debate over what was already the most controversial case on the docket this term. | |
| Furthermore, the independent SCOTUS blog that you can find over on Twitter, well, they wrote this late last night. | |
| It's impossible to overstate the earthquake this will cause inside the court in terms of the destruction of trust among justices and staff. | |
| This leak is the gravest, most unforgivable sin. | |
| Now, to be frank with you, as insulated as the Supreme Court generally is from these types of leaks, it is the case that they appear to be happening more and more frequently within the last several months. | |
| For instance, the news of Justice Breyer's retirement, well, it was leaked ahead of its scheduled release a few months ago. | |
| And then, there was of course the leaked story of an internal feud between Justice Sotomayor and Justice Gorsuch regarding mask wearing, although both of them denied that it was true. | |
| Regardless, it appears that these leaks are becoming more frequent even inside of the U.S. Supreme Court. | |
| And in terms of who's possibly responsible for this latest leak, well, Harvard Law professor Alan Dershowitz, he told Fox News this regarding what he thinks is going on behind the scenes. | |
| I think it was leaked by a liberal law clerk who was trying to change the outcome of the case, either by putting pressure on some of the justices to change their mind, or by getting Congress to pack the court even before June, which is very unlikely, or to get Congress to pass a national right to abortion law, And actually, I would like to take a super quick moment, turn the tables a little bit, and ask you a question. | |
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| And that indeed seems to be the prevailing consensus in general, that a law clerk working for a liberal justice wished to leak this document to the public in order to place a lot of pressure on the justices ahead of their official announcement. | |
| And that is indeed what is happening right now, because right after this leak was made, almost as soon as the opinion was leaked to Politico, quite literally just a few minutes after that article was published, well, as you can see for yourself, the police had to set up a barricade surrounding the US Supreme Court building And pro-abortion activists began to file in and protest, which is quite frankly something that we can expect to see for the foreseeable future. | |
| However, the big question is whether this tactic of fear, intimidation, and pressure will actually work. | |
| Now, of course, I can't see the future, but here's a very interesting sentence that was written in this leaked opinion piece, again written by Samuel Alito. | |
| Quote, And so I guess this leak to Politico will be the ultimate test of this stated determination. | |
| Regardless, unless the justices actually change their votes between now and when they officially release their opinion, it looks like Roe vs. | |
| Wade will be overturned. | |
| And in terms of the immediate impact of this ruling, well, as it's currently drafted, as this opinion is currently drafted, it would, for one, put an end to the 50-year-long guarantee of federally protected abortion rights, and instead, it would once again allow each individual state To decide for itself whether to allow abortion or not. | |
| And until they submit their final opinion, if you would like to read this draft opinion in its entirety, it's actually fairly short for these types of opinion statements. | |
| It's only 67 pages, followed by a 31-page appendix. | |
| I'll throw a link to the full thing. | |
| It'll be down in the description box below this video for you to check out. | |
| And all I ask in return is that you take a super quick moment to smash, smash, smash that like button for the YouTube algorithm. | |
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| And lastly, if you happen to have a Truth Social account, consider following me over on Truth Social. | |
| My handle is Facts Matter Roman. | |
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| So if you're on there as well, follow me at Facts Matter Roman. | |
| I'll be posting updates about this case as they're developing. | |
| Then, until next time, I'm your host, Roman from the Epoch Times. |
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