Conservatives are doing a victory lap in light of a recent report that the Supreme Court is poised to overturn Roe v. Wade, the landmark 1973 decision establishing the constitutional right to abortion, while at the same time seemingly having a complete meltdown about the potential impact of its release.
The bombshell report came late Monday evening, when Politico published a leaked draft of Associate Supreme Court Justice Samuel Alito’s majority opinion, written back in February, rehashing the constitutionality of Roe v. Wade and Planned Parenthood v. Casey, which upheld Roe in 1992. According to the outlet, the draft is “a full-throated, unflinching repudiation” of both laws.
“Roe was egregiously wrong from the start,” Alito reportedly wrote in his opinion. “We hold that Roe and Casey must be overruled.”
This week, conservative pundits and politicians immediately praised the controversial draft, which culminates a decades-long campaign by Republicans to roll back reproductive rights all across the nation.
On Monday, Sen. Josh Hawley, R-Mo., a vehement anti-abortion advocate, called the court’s alleged draft “a heck of an opinion.”
“Voluminously researched, tightly argued, and morally powerful,” he tweeted.
I will say, if this is the Court’s opinion, it’s a heck of an opinion. Voluminously researched, tightly argued, and morally powerful
— Josh Hawley (@HawleyMO) May 3, 2022
South Dakota Gov. Kristi Noem vowed to call a special session in support the potential decision’s rollout.
“If this report is true and Roe v. Wade is overturned, I will immediately call for a special session to save lives and guarantee that every unborn child has a right to life in South Dakota,” the governor tweeted.
If this report is true and Roe v. Wade is overturned, I will immediately call for a special session to save lives and guarantee that every unborn child has a right to life in South Dakota. https://t.co/oIiGibCP7B
— Governor Kristi Noem (@govkristinoem) May 3, 2022
Other conservatives railed against the leak of draft, arguing that the move impugns the court’s apparent nonpartisanship.
I have no doubt that the Chief Justice will work to root out the radical activist that betrayed the sacred tradition of the court. The leaker must be immediately removed from their position and exiled from the legal community.
— Sen. Marsha Blackburn (@MarshaBlackburn) May 3, 2022
“Leaking a draft SCOTUS ruling is worse than January 6th. The Court was the one institution where conservatives and liberals lived in peace and trust,” wrote right-wing commentator Mike Cernovich. “You disagreed but the trust was sacred. This completely destroys the Court’s inner workings. Totally in shock right now.”
Leaking a draft SCOTUS ruling is worse than January 6th. The Court was the one institution where conservatives and liberals lived in peace and trust. You disagreed but the trust was sacred. This completely destroys the Court’s inner workings. Totally in shock right now.
— Cernovich (@Cernovich) May 3, 2022
“To violate an understanding that has held for the entire modern history of the Court – seeking to place outside political pressure on the Court and the justices themselves – is dangerous, despicable, and damaging,” echoed Sen. Mike Lee, R-Utah.
Given the apparently coordinated nature of this hit on the Court, I certainly hope every Democrat Senator is ready to answer whether they saw the opinion before Politico published it, and if they know who leaker is
— Josh Hawley (@HawleyMO) May 3, 2022
Sen. Marco Rubio, R-Fla., suggested the draft’s leak was a coordinated assault by the left. “The next time you hear the far left preaching about how they are fighting to preserve our Republic’s institutions & norms remember how they leaked a Supreme Court opinion in an attempt to intimidate the justices on abortion,” Rubio wrote.
The next time you hear the far left preaching about how they are fighting to preserve our Republic’s institutions & norms remember how they leaked a Supreme Court opinion in an attempt to intimidate the justices on abortion https://t.co/9W6jKCZQQt
— Marco Rubio (@marcorubio) May 3, 2022
Politico’s report does not mark the first time that the draft of any pending Supreme Court case has been publicized before a ruling is made. While the draft offers an unprecedented glimpse into the bench’s deliberations, which the court has historically kept strictly confidential, it is important to note that the original Roe v. Wade decision was similarly released, infuriating the court.
We’re not backing down in the face of Trump’s threats.
As Donald Trump is inaugurated a second time, independent media organizations are faced with urgent mandates: Tell the truth more loudly than ever before. Do that work even as our standard modes of distribution (such as social media platforms) are being manipulated and curtailed by forces of fascist repression and ruthless capitalism. Do that work even as journalism and journalists face targeted attacks, including from the government itself. And do that work in community, never forgetting that we’re not shouting into a faceless void – we’re reaching out to real people amid a life-threatening political climate.
Our task is formidable, and it requires us to ground ourselves in our principles, remind ourselves of our utility, dig in and commit.
As a dizzying number of corporate news organizations – either through need or greed – rush to implement new ways to further monetize their content, and others acquiesce to Trump’s wishes, now is a time for movement media-makers to double down on community-first models.
At Truthout, we are reaffirming our commitments on this front: We won’t run ads or have a paywall because we believe that everyone should have access to information, and that access should exist without barriers and free of distractions from craven corporate interests. We recognize the implications for democracy when information-seekers click a link only to find the article trapped behind a paywall or buried on a page with dozens of invasive ads. The laws of capitalism dictate an unending increase in monetization, and much of the media simply follows those laws. Truthout and many of our peers are dedicating ourselves to following other paths – a commitment which feels vital in a moment when corporations are evermore overtly embedded in government.
Over 80 percent of Truthout‘s funding comes from small individual donations from our community of readers, and the remaining 20 percent comes from a handful of social justice-oriented foundations. Over a third of our total budget is supported by recurring monthly donors, many of whom give because they want to help us keep Truthout barrier-free for everyone.
You can help by giving today. Whether you can make a small monthly donation or a larger gift, Truthout only works with your support.