Leak on abortion decision could be a ploy

One local lawyer calls the Supreme Court decision to overturn Roe V. Wade “much ado about nothing,” and he’s right.

If the news stories are accurate, the decision merely corrects what one justice called an egregious error by the court.

“Roe was egregiously wrong from the start. 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,” the majority opinion said.

The Far Left is in full panic tantrum mode today following the leak.

Daniel Bean, a Jacksonville lawyer, says the hysteria about the decision is overdone.

“People can still have abortion,” Bean said. “It just pushes the decisions down to the states.”

But Bean called the leak an “extraordinary breach of decorum.” He speculates that some law clerk or staff member got a copy and leaked it to the press and that it did not come from one of the nine justices.

Based on the reports, Justice Samuel Alito wrote the majority opinion and was joined by Amy Barrett, Brett Kavanaugh, Clarence Thomas and Neil Gorsuch. Chief Justice John Roberts is said to be with the majority on the outcome but with reservations.

The court’s three liberal justices opposed overturning the 1973 ruling.

Many legal scholars, including some on the left, have said the court simply invented a right that was not in the Constitution when it said there was a right to privacy and it included killing your unborn baby.

“The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions,” Alito wrote.

One theory about the unprecedented leak is that it is an attempt to force one or more of the majority to change before the final opinion is written. Politico hinted at this by saying that “in some cases the justices change their votes altogether.”

It is not the first mistake by the high court. Two others were Korematsu, which approved the government’s actions in putting Americans in concentration camps during World War II and the Plessy case that approved the “separate but equal” (segregation) doctrine. Both were repudiated much later.

Lloyd Brown

Lloyd was born in Jacksonville. Graduated from the University of North Florida. He spent nearly 50 years of his life in the newspaper business …beginning as a copy boy and retiring as editorial page editor for Florida Times Union. He has also been published in a number of national newspapers and magazines, as well as Internet sites. Married with children. Military Vet. Retired. Man of few words but the words are researched well, deeply considered and thoughtfully written.


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