Conservatives React to Leaked Supreme Court Justice's Opinion to Overturn Roe v. Wade

By Michael W. Chapman | May 4, 2022 | 12:56pm EDT
Members of the U.S. Supreme Court, 2021-22.  (Getty Images)
Members of the U.S. Supreme Court, 2021-22. (Getty Images)

(CNS News) -- Conservatives expressed cheerfulness over the content of the leaked Supreme Court opinion, written by Justice Samuel Alito, which calls for overturning Roe v. Wade and Casey v. Planned Parenthood and sending abortion law back to the states. 

However, they also expressed caution because the official, final opinion will not be released until June, and because leftist Democrats are already calling for a fight and violent protests going into the midterm elections.

In his 98-page "draft" opinion, which reportedly is supported by Justices Brett Kavanaugh, Clarence Thomas, Amy Coney Barrett, and Neil Gorsuch, Justice Alito writes, “Roe was egregiously wrong from the start.... We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision...."


Heritage Foundation President Kevin Roberts.  (Heritage Foundation)
Heritage Foundation President Kevin Roberts. (Heritage Foundation)

Kevin Roberts, president of the Heritage Foundation, said of the opinion, “Life is the single most precious gift given to us by our Creator, and every institution of government has a sacred duty to protect it. If this majority holds—and it must—the Supreme Court will have reversed decades of willful dereliction of that duty, and saved millions of innocent lives in the process."

“This leak is absolutely disgraceful, and is a clear attempt to further undermine the integrity of the Supreme Court and pave the way for the left to eliminate the filibuster, pack the courts, and preserve abortion-on-demand as the law of the land," said Roberts. "The Supreme Court should finalize its decision immediately and issue its ruling. The sooner it does, the more lives will be saved."

Sen. Josh Hawley (R-Mo.) said, "Justice Alito’s draft majority opinion is powerful, overturning Roe and returning the question of abortion to the people. The opinion is everything a constitutionalist could hope for. This leak looks like an effort to derail it, and delegitimize the Court in the process."

"At the end of the day," he added, "all this left-wing talk of killing the filibuster, packing the Court, and taking to the streets amounts to the same thing: a brazen attempt to bully at least one Justice into backing down for fear of potential blowback."

Tom Fitton, president of Judicial Watch, said in a statement, "The leak of the Supreme Court draft opinion on Roe is a dangerous obstruction of justice. And, it could very well lead to intimidation and violence directed at Supreme Court justices. This unprecedented leak fits with the Left’s continued assault against the Supreme Court."

"There must be a full investigation," said Fitton, "but I’m not holding my breath when it comes to the Biden administration upholding the rule of law – especially when administration allies, including Sen. Chuck Schumer, have threatened the justices in the past."

Fitton also warned on Twitter, "You can be sure that pro-life positions on abortion will be quickly deemed 'disinformation' and targeted for censorship and suppression" by the Biden administration and its Disinformation Governance Board. 

Sen. Mike Lee (R-Utah) told Fox News, "This is bittersweet. On the one hand, it's sweet because we're finally vindicating the Constitution, and the babies who have been unprotected by the law because the Supreme Court of the United States has told states that they may not protect unborn human life. That's the sweet part that. The bitter part is the way this was leaked. This was an utter disgrace in terms of how it's released."

However, if the leaked opinion mirrors what is finally released in June, it will be a "huge victory," said Lee.  "And I don't believe that any of the justices who signed on to what appears to be a majority opinion to the court are going to change now in response to this horrible, dastardly, cowardly attempt to threaten, intimidate and harass them into doing something else."

Carrie Severino, president of the Judicial Crisis Network.  (Screenshot)
Carrie Severino, president of the Judicial Crisis Network. (Screenshot)

Carrie Severino, president of the Judicial Crisis Network, told Fox News that Alito's "decision really goes through very systematically, first pointing out how there is no constitutional basis whatsoever [to abortion]. And as he says it, zero, none for the idea that there was a right to abortion in the Constitution, no history supporting this whatsoever. But then also pointing out the errors in Roe itself, and how reliance on it has been so -- has created such a mishmash of American law, and actually deepened, if anything, the divide in this country."

"So, you can see both by the underlying errors, and then also the fruit of that decision," said Severino. "Why this is the exactly the kind of case where it's appropriate for the court to bring the Constitution and the legal precedents back into alignment and then allow our elected representatives to make the decisions in this controversial area of law."

The editorial board of The Wall Street Journal wrote, "On the most crucial point—the substance of the law and Constitution—Justice Alito’s opinion is carefully argued and comprehensive. It grapples directly with the constitutional issues that the Court ignored in Roe and dodged in Planned Parenthood v. Casey. It quotes from the many liberal authorities who criticized the Court’s legal invention."


The Journal continued, "As we wrote last week, overturning Roe will not be the end of abortion in America. It would merely return the matter to the states, where abortion law was liberalizing in 1973 before the Court usurped that political and moral debate. If it is overturned, some states will restrict or ban abortion rights while others may make it easier."

Commenting on the leaked document, Sen. Ted Cruz (R-Texas) said, “I think the right outcome is to overturn Roe versus Wade. Roe v. Wade was wrong the day it was decided. It was seven unelected lawyers who declared to the American people that the voters no longer have the right to make decisions about abortion.”

As for the person who leaked the opinion, Cruz told Fox Business Channel, "In over two centuries of our nation's history, this has never happened, and this is as corrosive, as destructive to the Supreme Court as we've ever seen. What it means is that there was some angry left-wing law clerk who breached the trust to, his or her justice, who breached the trust to the Supreme Court, who breached the trust of the American people and took a first draft of an opinion and decided to leak it to everyone."

Sen. Ted Cruz (R-Utah).  (Getty Images)
Sen. Ted Cruz (R-Utah). (Getty Images)

"This is the consequence of the Democrats’ rabidly partisan effort to undermine the court, to attack the court," added Cruz.  "This is part and parcel of Chuck Schumer standing on the steps of the court and threatening the justices, saying you will reap the whirlwind."

Sen. Marsha Blackburn (R-Tenn.) quipped on Twitter, "Democrats want to protect 'women’s rights' but can’t define 'woman.'"  She also tweeted, "Chuck Schumer is attempting to silence, threaten and intimidate the Supreme Court."

Rep. Lauren Boebert (R-Colo.) said on Hannity, "Republicans have been spending decades trying to overturn Roe versus Wade and save the 62 million lives that have been lost in our country, the innocent children who have been killed from Roe versus Wade. Now that is a stain that will forever be on our nation but we are ever enduring to be a more perfect nation."

"We have a right to life in America," added Boebert, "and I want to say that I'm incredibly, incredibly proud of President Trump's judges who are taking a very brave stand to protect that right."

Talk-radio host and best selling author Mark Levin said, "First of all, people have said a lot of things about this Supreme Court issue. I'm listening to these Democrats. Couple of things -- the Democrats don't believe a woman is a woman, right? Didn't they just nominate somebody and get somebody confirmed who couldn't define what a woman is without a biologist?"

"So, it's clear if you follow their logic, which is very difficult, a woman is only a woman if she believes in abortion or gets an abortion," said Levin. "That is what you have to conclude from the Democrat Party."

Conservative talk-radio host and best selling author Mark Levin.
Conservative talk-radio host and best selling author Mark Levin.

"The Democrat Party is out to undermine this country," added Levin.  "They've been threatening this court for years, threatening its independence, threatening individual justices, have destroyed the confirmation process, destroyed people's names."

"We don't have to take this from these people" he said.  "And women of America, you should rise up. Chuck Schumer just said he represents 100 million women. He doesn't represent 100 million women, that goofball. He doesn't represent any women as far as I'm concerned."


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