Since its implementation in 1973, numerous liberal law professors have directly challenged the constitutional validity of the Supreme Court’s Roe v. Wade case.
This has recently been thrown back into the public spotlight after a leaked SCOTUS draft recommended the contentious abortion choice is on the verge of being overruled.
She Wasn’t the Only One
According to Archibald Cox, President John F. Kennedy’s attorney general, “No scholar, layperson, or lawyer will believe all of Justice [Harry] Blackmun’s recommendations are a feature of the Constitution.”
Kermit Roosevelt, a senior at the University of Pennsylvania, argues “Roe is a significant letdown” as an example of a “legal opinion writing technique.”
“Roe is hardly intelligible as a legal argument,” Roosevelt observed. “The court drew from the legal ether its basic freedom to select more or less.”
“It defended that right with a lengthy, but pointless, cross-cultural historic examination of abortion prohibitions, as well as an irrelevant rebuttal of the strawman argument that a fetus is a legal ‘human,’ due to 14th Amendment protections.”
The media reacted to news of a potential overturning of Roe v. Wade with tears, fear-mongering, and outright lies. pic.twitter.com/2b1UCNxDzt
— Media Research Center (@theMRC) May 5, 2022
Michael Kinsley, a liberal political commentator, similarly believed that Roe v. Wade was an example of judicial “overreach.”
Grabien founder Tom Elliott used a Twitter thread to highlight several liberals who have criticized the law, such as veteran Supreme Court Justice Ruth Bader Ginsburg.
Ginsburg named it a “heavy-handed judiciary’s interference [that] was hard to justify and would seem to have prompted, not remedied, disagreement.”
“I firmly support a woman’s will to choose, but Roe vs. Wade was a catastrophe,” Harvard Professor and legal expert Alan Dershowitz told CNN Business in 2016, noting the Supreme Court held the “wrong position.”
It’s Not Legal
Dershowitz also stated Roe v. Wade lacks a “strong guiding constitutional basis.”
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According to Politico, a version of a decision circulating around the Supreme Court shows Justice Samuel Alito argued the plurality of the judges chose to overturn Roe v. Wade.
This would relegate the abortion debate to the state and local levels.
The article’s authenticity was confirmed by the Supreme Court. SCOTUS highlighted it was only a copy and the court had not reached a final ruling on the topic.
“Justices routinely exchange draft opinions among themselves as part of the court’s confidential deliberate process.”
Despite the fact the document reported in yesterday’s reports is genuine, it does not constitute a court decision or any member’s final view on the issues in the case.”
In a statement accompanying the court’s press statement, Chief Justice John Roberts stated he asked the Marshal of the Courts to investigate the situation and discover the individual who leaked the information to Politico.
Justice Roberts also dismissed the idea the disclosure could be used as a political ploy to affect the case’s result.