WTF Just Happened Today

Tuesday, May 3, 2022

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1/ The Supreme Court voted to strike down Roe v. Wade, according to a leaked draft opinion written by Justice Samuel Alito. While the draft could change before it’s finalized, the document was circulated among the justices in February and at least five justices – including all of three of Trump’s nominees – voted to overturn Roe, which established a constitutional right to an abortion 49 years ago. Alito writes that “Roe was egregiously wrong from the start,” adding that “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” The Alito draft is related to the Dobbs v. Jackson Women’s Health Organization case, which challenges a Mississippi law that bans abortions after 15 weeks. Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett voted with Alito after hearing oral arguments in December, while Stephen Breyer, Sonia Sotomayor, and Elena Kagan are working on one or more dissents. It’s unclear how Chief Justice John Roberts will ultimately vote, and whether he will join an opinion or draft his own, but he is reportedly willing to uphold the Mississippi law. A final opinion is expected later this Spring or early summer, and if the draft opinion is adopted, the court would let individual states determine abortion’s legality. (Politico / New York Times / Washington Post)

• ???? Day 468: Antiabortion groups and some Republican lawmakers have started meeting about potential federal legislation to outlaw abortion after six weeks of pregnancy if the Supreme Court weakens or overturns Roe v. Wade this summer. While a nationwide abortion ban would be extraordinarily difficult to pass given the need for 60 votes in the Senate to overcome a filibuster, antiabortion advocates have spoken with 10 possible Republican presidential candidates, including Trump, about a national strategy. Most of them reportedly said they’d be supportive of a national ban and would make the policy a centerpiece of a presidential campaign. (Washington Post)

• 10 key passages from Alito’s draft opinion. (Politico)

• What would the end of Roe v. Wade mean? Key questions and answers. (New York Times)

• How rare is a Supreme Court breach? Very rare. (Politico)

2/ Chief Justice John Roberts confirmed the authenticity of the draft opinion to overturn Roe v. Wade but said the document is not final. Roberts said he has directed the Supreme Court marshal to investigate the leak, calling the episode “a singular and egregious breach of trust.” Roberts added: “To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed. The work of the Court will not be affected in any way.” Susan Collins,