Draft Alito opinion leaked overturning Roe

Yes it can be changed. That is the problem with leaking it. Opinions are often drafted and re-drafted. One of the little known facts of SCOTUS opinions is that dissenters often help the author write the majority opinion, many times, to avoid unintended consequences.

This draft is sweeping in its change to constitutional doctrine. My suspicion is that whoever leaked this is pushing for a plurality decision-- a majority vote on the abortion issue-- but not such a radical and sweeping change to constitutional construction.

 

Not under the Alito doctrine.

BTW: As for gay rights, equal protection is not an originalist doctrine.

 

In Judiasm, life begins at birth because (under Jewish belief) that is when the baby gets his or her soul. But, Judiasm protects the potential for life, too.

 

Or we could apply the values of the present to decide issues that are facing us in the present. But I'm sure that the "values" of slavers and misogynists who never saw a television, much less the internet, are really what should guide us today. Nope. Pass.

It will certainly be an interesting day when conservative judges and justices actually start abiding by the rule you're trying to set here. There's a reason (many) why nobody actually supports what you're proposing here.

 

This act is definitely needed now.

 

Good question/point

 

I agree, but I won’t happen because Machin is pro life, so don’t think this will change his mind on ending the filibuster. Maybe this issue will push more swing voters to the democratic side to expand the senate and hold the House in 2022, but I doubt it.

 

If anything, leaking a draft solidifies right wing expectations and makes it harder for anyone waffling to moderate, lest they get the Roberts treatment for not being sufficiently loyal.

There’s just no logical reason for someone on the left to leak, compared to like a dozen fairly compelling reasons on the right.

Outside just a complete emotional meltdown by a left wing clerk (which seems unlikely given the timing), this pretty plainly came from the Thomas/Alito camp.

 

Plus, the opinion was sent around in February. You'd think if it was an emotional meltdown, it would have happened around the time they received the opinion.

 

There is no bar low enough to which todays libs will still fervently crawl under to achieve their anti democracy agenda. This leak is abhorrent! And they just don’t care.

 

And if a conservative leaked it?

P.S. I chuckle at you arguing that being transparent with the people about what a court full of unelected judges is going to do is "anti-democratic." That's certainly a take. But then again, you support the party that attempted a coup after Trump lost the election, so you may not know what "democracy" actually is.

 

i suspect that is the future. We will do away with the filibuster and go back and forth with laws as composition of govt changes. In general the structure favors republicans so I think they would do it.

I am pretty confident the Rs would do away with filibuster in order to save millions of slaughtered zygotes.

 

Oh well. That's democracy in action. I'd rather be judged on what we did than be judged on what we didn't do. Same for the Republicans.

 

oh, you know who the leaker is? &, when you say libs, which party are you referring to?

 

It can lead to significant inefficiency. Imagine passing ACA, then repealing it, then reinstating it. Such laws are enormously complicated and costly to implement. Same with many regulations.