Roe v. Wade questioned by many Democrats and liberal scholars over the years

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Since the ruling took effect in 1973, many liberal jurists have openly questioned the constitutionality of the Supreme Court’s Roe v. Wade decision, which was re-ignited in the national spotlight after a leaked majority opinion suggested that the controversial decision on abortion is about. to be overthrown.

Archibald Cox, who served as Solicitor General to President John F. Kennedy, said, “The failure to confront the issue in terms of principle leaves opinion reading as a set of hospital rules and regulations…. Neither historian, nor layman, nor lawyer will be persuaded that all the prescriptions of Justice [Harry] The Blackmun are part of the Constitution.”

Kermit Roosevelt, a professor at the University of Pennsylvania, wrote that “as an example of the practice of writing constitutional opinions”, he believes that “deer is a serious disappointment.”

“As a constitutional argument, deer is barely coherent,” Roosevelt said. “The court derived its fundamental right to choose more or less from the constitutional ether. He upheld this right via a lengthy but pointless cross-cultural historical examination of abortion restrictions and a neat but irrelevant refutation of the straw man argument that a fetus is a constitutional “person” having right to the protection of the 14th Amendment.”

Liberal political pundit Michael Kinsley also concluded that Roe v. Wade represented a judicial “overshoot”.

“Although I am pro-choice, I learned in law school and I still believe that Roe vs. Wade is a jumble of bad reasoning and a genuine example of judicial overreach,” Kinsley wrote. “I also believe it was a political disaster for the Liberals. deer It was what first politicized religious conservatives while cutting off a political process that was legalizing abortion state by state anyway.”

Protesters march through the streets after protesting outside the U.S. Courthouse in response to a leaked Supreme Court draft opinion to overturn Roe v. Wade, in Los Angeles on Tuesday, March 3, 2022.
(AP Photo/Ringo HW Chiu)

LATE NIGHT HOSTS LOCK TOGETHER TO TEAR POSSIBLE ROE V. WADE STUNNING: ‘WE ARE F—-ED’

In a Twitter thread posted by Grabien founder Tom Elliott, he provided several examples of liberals criticizing the law, including former Supreme Court Justice Ruth Bader Ginsburg who once called it “brutal judicial intervention”. [that] was difficult to justify and appears to have provoked, not resolved, a conflict. »

“I strongly support a woman’s right to choose, but Roe v. Wade was a disaster,” constitutional lawyer and Harvard professor Alan Dershowitz told Business Insider in 2016, adding that it was the “wrong place.” ” for the Supreme Court.

Protesters demonstrate outside the United States Supreme Court on Tuesday, May 3, 2022 in Washington.
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Protesters demonstrate outside the United States Supreme Court on Tuesday, May 3, 2022 in Washington.
(AP Photo/Jose Luis Magana)

AMERICANS REACT TO SUPREME COURT LEAK ON DRAFT ROE V. WADE DECISION

Dershowitz, a Democrat, also said there was no “clear guiding constitutional principle” in Roe v. Wade.

Earlier this week, Politico reported that a draft opinion circulating in the Supreme Court shows Justice Samuel Alito explaining that a majority of the court’s justices decided to overturn Roe v. Wade, which would send the debate to the abortion at the state level in the future. .

A crowd of people gather outside the Supreme Court, Monday evening, May 2, 2022, in Washington following reports of a leaked draft court opinion quashing Roe v.  Wade.

A crowd of people gather outside the Supreme Court, Monday evening, May 2, 2022, in Washington following reports of a leaked draft court opinion quashing Roe v. Wade.
(AP Photo/Anna Johnson)

The Supreme Court confirmed authenticity of the document, but noted that it was merely a draft and that the court had not issued a final decision on the matter.

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“Judges circulate draft opinions internally as a routine and essential part of the Court’s confidential deliberative work. Although the document described in yesterday’s reports is authentic, it does not represent a decision of the Court or the final position of a member on the issues in dispute,” the court said.

Chief Justice John Roberts, in his own statement accompanying the court’s press release, said he had asked the Marshal of the Court to investigate the situation and find the source who leaked the document to Politico. Roberts also spoke out against the idea that the leak could succeed as a political maneuver to influence the outcome of the case.

Fox News’ Ronn Blitzer contributed to this report.

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