Aug 16, 2022
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A leaked document claims that the Supreme Court voted to strike down the Roe v. Wade decision

“Roe v. Wade must be overruled.”

An initial draft majority opinion attributed to Justice Samuel Alito, the document was published in Politico on Monday. 

 “We hold that Roe and Casey must be overruled,” Alito wrote. “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision….”

Roe was egregiously wrong from the start,” he continued. “Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

If the ruling is handed down, it will place the power to legislate either for or against abortion in the hands of state legislators. In his opinion, Justice Alito lamented that Roe v. Wade stopped that process, shutting down what was, at the time and still is, public debate and the political process concerning the issue in what he called an “exercise of raw judicial power.”

“…It sparked a national controversy that has embittered our political culture for a half-century,” Justice Alito wrote.  “The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions,” he continued. “On the contrary, an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of the common law until 1973.”

The draft opinion runs 98 pages, including a 31-page historical state abortion laws appendix. Politico cited a “person familiar with the court’s deliberations” as stating that four other justices – Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett – voted with Alito after hearing oral arguments in December in Dobbs v. Jackson, which concerns a challenge to Mississippi’s ban on abortion after the 15th week of pregnancy. The Supreme Court ruling is expected to be published until late June.

The disclosure of the document is a breach of Supreme Court secrecy.

Roe v. Wade was the 1973 case in which the Supreme Court ruled that the Constitution protects a pregnant woman’s liberty to choose to have an abortion without excessive government restriction. The ruling was revised in the 1992 decision Planned Parenthood v. Casey which abandoned Roe‘s trimester framework in favor of a standard based on fetal viability and overruled the strict scrutiny standard for reviewing abortion restrictions. The ruling has been criticized as being an egregious case of judicial activism. It has also been charged as claiming to be based on constitutionally protected civil rights when it clearly has no basis in the constitution and is not relevant to civil rights.

In the words of Justice Alito, the two decisions represented “an error that cannot be allowed to stand.”

“Our nation’s historical understanding of ordered liberty does not prevent the people’s elected representatives from deciding how abortion should be regulated,” Alito wrote, adding later, “ 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.”

The story’s publication generated outrage among supporters of abortions and led to a cord of protestors gathering outside the Supreme Court Building on Monday night. Some Democrat politicians believe the ruling will galvanize left-wing voters in the upcoming midterm elections. 

“Laws don’t save babies. Love saves babies.”

Ruth Tidhar is the Director of the Assistance Department of the EFRAT Organization. EFRAT works on the premise that legislation will not prevent abortions. Instead, EFRAT encourages women not to have abortions, offering them financial support and counseling as an alternative. 

“Our mission is to help women avoid abortions,” Tidhar said. “And laws don’t save babies. Love saves babies.”

“We offer concrete assistance; a crib, diapers, clothes, and toys for the first two years.”

Tidhar noted that much of what they do is usually provided by supportive husbands, parents, and communities, deteriorating elements in Western countries.

“We also give career counseling to help the women rejoin the workforce,” Tidhar said. ‘We help with tuition and daycare.

EFRAT officially views abortion among Jews as a demographic threat to the Jewish people. Since its establishment in 1977, EFRAT has helped tens of thousands of women to choose life, saving over 80,000 children.