There is little doubt in my mind that the deliberate leak of a draft copy of a possible Supreme Court decision could only have been done by partisan operatives to fuel the debate in time for the upcoming 2022 election cycle, which will see all House Members and one-third of the Senate Members standing for reelection.

In reality, I can think of nothing other than Macbeth’s quote, "It is a tale told by an idiot, full of sound and fury, signifying nothing."

Before you get excited, let us consider a few facts…

(1)  Nothing in the U.S. Constitution provides authority for the Supreme Court to set a national abortion policy. Under the Constitution’s Tenth Amendment, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.” The decision relating to abortion either belongs to the individual states or to “We the People.”

(2)  Roe v. Wade was a flawed ruling, technically unconstitutional, and made up of whole cloth, as cited in Justice Harry Blackmun’s majority opinion that claimed that the “liberty” protected by the Due Process Clause of the Fourteenth Amendment includes a "right of privacy” that is “broad enough to encompass” a right to abortion.

(3)  Roe v. Wade was replaced by Planned Parenthood v. Casey, another Supreme Court decision that found the right to abortion was based on an undue burden theory that states a legislature cannot make a particular law that is too burdensome or restrictive of one's fundamental rights – which assumes that the right to abortion is a fundamental right.

(4)  If anything, the actual issue is one of competing interests and timing, which demands that two essential questions be answered: one, when does the fetus become a constitutionally-protected being; and, two, how do you judge or apportion the competing interests of the two parties, essentially the right to life versus the health and welfare of the pregnant woman? Inherent in the answer are the competing and compelling interests of biological science, religion, and free will, a person's capacity to choose between different possible courses of action unimpeded by any particular influence.

(5)  Overturning the Roe v. Wade decision as unconstitutional is meaningless except as a political rallying point for partisan fundraising and voter appeals. Some are already saying that the leak was the left's attempt to intimidate the justices into changing a ruling that was widely anticipated.

The leaked 1st draft decision…


We do not pretend to know how our political system or society will respond to today's decision overruling Roe and Casey. And even if we could foresee what will happen, we would have no authority to let that knowledge influence our decision. We can only do our job, which is to interpret the law, apply longstanding principles of stare decisis, and decide this case accordingly.

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.

We must now decide what standard will govern if state abortion regulations undergo constitutional challenge and whether the law before us satisfies the appropriate standard.

Under our precedents, rational-basis review is the appropriate standard for such challenges. As we have explained, procuring an abortion is not a fundamental constitutional right because such a right has no basis in the Constitution's text or in our Nation's history.

It follows that the States may regulate abortion for legitimate reasons, and when such regulations are challenged under the Constitution, courts cannot "substitute their social and economic beliefs for the judgment of legislative bodies."

We end this opinion where we began. Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives. The judgment of the Fifth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.

Bottom line…

Regardless of your position on abortion, the U.S. Constitution has been redeemed, the correct standards applied, and the courage of the Justices that might vote to affirm the final decision noted.

Today is a glorious day for the Constitution and the United States of America.

We are a little less screwed today.

-- steve

“Nullius in verba.”-- take nobody's word for it!

“Beware of false knowledge; it is more dangerous than ignorance.”-- George Bernard Shaw

“Progressive, liberal, Socialist, Marxist, Democratic Socialist -- they are all COMMUNISTS.”

“The key to fighting the craziness of the progressives is to hold them responsible for their actions, not their intentions.” – OCS

"The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius

“A people that elect corrupt politicians, imposters, thieves, and traitors are not victims... but accomplices” -- George Orwell

“Fere libenter homines id quod volunt credunt." (The people gladly believe what they wish to.) ~Julius Caesar

“Describing the problem is quite different from knowing the solution. Except in politics." ~ OCS