There is a disconnect between beliefs and actionsDate: 5/16/2022 So, there are many people who have expressed concerns – while others have felt triumphant – about the leaked draft of a Supreme Court decision concerning Roe v. Wade.
I’m no legal expert but I have read articles that would indicate that circulating drafts of opinion within the court is common. A draft does not necessarily indicate a final consensus of the justices.
The draft does pose one big question: were Justices Amy Coney Barrett, Brett Kavanaugh and Neil Gorsuch completely truthful during their confirmation hearings when asked about their stance on abortion?
Barrett said, “Roe held that the Constitution protects a woman’s right to terminate a pregnancy … Casey reaffirmed that holding and indeed many cases after Casey have affirmed that holding.”
Kavanaugh, “As a judge, it is an important precedent of the Supreme Court. By ‘it,’ I mean Roe v. Wade and Planned Parenthood v. Casey.”
Gorsuch said, “Roe v. Wade, decided in 1973, is a precedent in the United States Supreme Court. It has been reaffirmed. The reliance interest considerations are important there, and all of the other factors that go into analyzing precedent have to be considered. It is a precedent of the United States Supreme Court.”
In other words, all three justices essentially said this is established law. Heaven only knows there are plenty of other issues that call for their attention.
Why, then, is this an issue now? Since I haven’t been listening to private conversations among the justices, I can’t say. I have my suspicions, though.
Reversing Roe v. Wade has long been a goal for a number of people who view abortion as immoral and against some religious teachings. It is no secret that former President Donald Trump was supported by people who called for the reversal.
Here is something to consider. The Hill reported on May 8 about a recent survey about Roe v. Wade. The story by Olafimihan Oshin noted, “Nearly two out of three Americans questioned in a new poll said that the Supreme Court should uphold the landmark Roe v. Wade decision that legalized abortion in the U.S.
“The survey published Sunday found that 64 percent of respondents said the nation’s highest court should keep the decision the way it is, while 36 percent disagreed.
“Eighty-four percent of those who want Roe upheld said that overturning it would move the country in the wrong direction, and 82 percent said reversing it would be dangerous to women and for Americans’ rights.
“In contrast, 85 percent of those who want the decision overturned said that reversing it would protect the unborn, while 80 percent said that it would move the country in the right direction, and 64 percent said it would protect women.
“Seventy-six percent of the Democrats surveyed oppose a federal law making abortion illegal, pollsters found, while Republicans are more divided. Forty-eight percent of Republican respondents said they would support a federal law making abortion illegal, and 52 percent were opposed. Overall, 33 percent of respondents said that abortion should be legal in all cases in their states if Roe is overturned, while 12 percent said it should be illegal in all cases.
“Ninety-four percent of respondents who said abortion should be legal in their states pointed to protections for victims of rape and incest, and 89 percent highlighted protections for women with high-risk pregnancies, the poll found.”
It would appear that a majority of Americans believe Roe v. Wade is established law and should be maintained.
We may see what happens if a ruling seen as having such great value by most Americans is reversed in a time of great political division.
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