The End of Roe v. Wade Appears Imminent!
There was a legal and political earthquake last night – one that we’ve been praying for since the infamous Roe v. Wade abortion decision was handed down in 1973. It is why we organized the 4th annual Virginia March for Life. Only, the revelation of the likely Supreme Court decision in Dobbs v. Jackson Women's Health to overturn Roe came at a cost as the confidentiality of the Supreme Court’s process was severely undermined by a leaked February draft opinion by Justice Samuel Alito.
The Supreme Court has now confirmed the authenticity of a draft decision written by Justice Alito that was reported by Politico last night, in which the leaked draft reveals the Court’s decision to overturn the past 50 years of abortion precedence. While there have at times been rumors and verbal leaks coming from the Supreme Court, even with the infamous Roe v. Wade decision legalizing abortion, there’s never been an instance of an actual document being leaked. According to Politico, a singular individual had leaked a February draft of the 5-4 majority opinion, striking down Roe v. Wade (1973) and Planned Parenthood v. Casey (1992).
It seems fair to speculate that this effort to undermine the traditions of the Supreme Court was a devious way to put pressure on justices and lawmakers with the hope of either affecting the ruling or influencing immediate action by lawmakers. Virginia Governor Glenn Youngkin issued a press statement along those lines today:
“I am in utter disbelief that the sacred confidentiality of the Supreme Court would be violated in this manner. Sadly, this leak was done in order to cause chaos and to put pressure on justices and elected officials.”
A word of caution to those reading the February draft of the decision written by Justice Alito – it is only a draft that’s been circulated among the other justices and may very well not be final version that’s actually released. It is well understood that decisions can be edited by Justices right up to the moment the final decision is released.
That being said, during an interview with John Reid this morning, I made clear that this opinion “is a really incredible ruling…. this is our chance to really undo bad precedent that’s held us captive for decades upon decades.”
There are many outstanding statements throughout the February draft decision, but it’s this one on page 65 that pro-life warriors have long waited to hear: “We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives.”
If this statement in fact remains in the final decision that’s handed down by the Supreme Court sometime likely in June, it will vindicate decades of legal battles and policies challenging the false premise that Roe was a legitimate ruling. But make no mistake, this means that the battle to protect the life of the pre-born is only ramping up as the pro-abortion side will commence an all-out assault on innocent life – the likes of which we’ve never seen before.
Senator Bernie Sanders (I-VT), has already tweeted:
"Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW. And if there aren't 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes."
And in every state, including Virginia, pro-abortion lawmakers will begin to push for state constitutional amendments enshrining a right to an abortion.
If and when this decision striking down Roe and Casey is officially handed down, like we expect it to be, the work to protect pre-born life in the halls of our legislature, to change hearts and minds of people on this issue, and show compassion to women struggling with life-ending decisions, will become even more challenging.
We better get ready!
