Posted May 03, 2022 by Michael L. Brown

According to an exclusive story on Politico, the Supreme Court is poised to overturn Roe v. Wade when ruling on the Dobbs v. Jackson in June.

An alleged draft of the majority opinion, written by Justice Samuel Alito and leaked to Politico, states that, “Roe was egregiously wrong from the start,” because of which, “We hold that Roe and Casey must be overruled.”

Indeed, the opinion continues, “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

According to Politico, which linked the full text of the opinion in its article, “A person familiar with the court’s deliberations said that four of the other Republican-appointed justices – Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – had voted with Alito in the conference held among the justices after hearing oral arguments in December, and that line-up remains unchanged as of this week.

“The three Democratic-appointed justices – Stephen Breyer, Sonia Sotomayor and Elena Kagan – are working on one or more dissents, according to the person. How Chief Justice John Roberts will ultimately vote, and whether he will join an already written opinion or draft his own, is unclear.”

The 98-page opinion, described as a first draft and which appears to be genuine, was reportedly circulated on February 10 among the other justices. This means that, if the reporting in Politico is accurate, the majority has remained solid for nearly three months, if not longer, which is a very positive sign.

On the other hand, now that this has been leaked in what Politico describes as “a rare breach of Supreme Court secrecy and tradition around its deliberations,” the obvious question is, Who leaked this document, and why?

Would a pro-life conservative leak this opinion to the public? That is highly unlikely, since releasing it in advance only gives the opposition more time to pressure one or more of the justices to change his or her views. And would a pro-life conservative leak this to Politico, which is more left-leaning than right-leaning? That is questionable as well.

In any case, the opinion is now out, along with a list of the justices who allegedly supported it. (Note that three of those attorneys were appointed by President Trump.)

That means that much prayer is needed for each of them, since they are about to experience the most intense battle of their lives, with an all-out assault the likes of which we can hardly imagine.

There will be the private appeals from colleagues, the attack of the media, the threats to their families, the spiritual bombardment, the pressure of DC, and more.

And let’s remember that, back in 1992, when Roe should have been overturned in the Casey ruling, a preliminary vote showed Justice Kennedy ready to vote against Roe.

But, as reported already in 1992 by the Washington Post, “The Supreme Court on June 29 affirmed, instead of overturning, the Roe v. Wade abortion standard because Justice Anthony Kennedy changed his vote -- a flip attributed in court circles to liberal constitutional scholar Laurence H. Tribe's pulling strings backstage.

“Two months later, it is clear Kennedy flipped not only his long-held abortion position but also his vote in the secret conference on the Planned Parenthood of Southeastern Pennsylvania v. Casey decision last fall. That extraordinary switch by a conservative justice stunned antiabortion forces and soured the internal atmosphere among the brethren as the court's new term begins.

“This shows how exotic politics inside the Supreme Court can override the designs of presidents. Despite more than 25 years without a justice being nominated by a Democratic president, the court has been pulled leftward by a brilliant law professor utilizing persuasion, flattery and law clerks.”

Did Tribe really have that much of a role in flipping Kennedy? That is a matter of debate.

But what is certain is that Justice Antonin Scalia had spent an hour with Kennedy discussing the case with him after he became concerned about where Kennedy stood. After their talk, Scalia felt confident that Kennedy was solidly with the anti-Roe majority, only for him to flip shortly thereafter.

In short, just as people can be fickle, Supreme Court justices can be fickle, because Supreme Court justices are people too.

And what happens if Roe is overturned? Then we will walk straight into an impassioned, even frenzied, potentially violent, ideological civil war, one that could quickly divide America into pro-life states vs. pro-abortion states. (For the record, if there will be violence as a result of this hoped-for overturning of Roe, I expect it to come from the left.)

But that kind of separation, not one that physically divides America but that one that spiritually and ideologically separates us, might not be a bad thing at all.

In fact, we already see that happening with some states passing pro-life legislation that the Supreme Court has not yet overturned and other states passing their most extreme pro-abortion laws.

We also see this with states dividing over transgender issues. The separation is getting clearer by the day.

Perhaps God Himself will weigh in on the matter, bringing evident blessing to those states which honor life (and I don’t just mean material blessing) and withholding that blessing from those states which exalt the “right” to abortion. (Or should we say the “rite” of abortion? For my recent article on “The Religion of the Left,” see here.)

For the moment, though, we are getting ahead of ourselves with this discussion. What is needed right now is prayer for the Supreme Court to do what is right and overturn Roe. May God give the justices deep conviction, righteous judgment, and backbones of steel.

And may we who are pro-life keep bringing a persuasive argument to change hearts and minds. Overturning Roe is only part of the battle. The battle in the court of public opinion must be won as well.

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Comments

OT posted a comment · May 09, 2022
Glad you live in Canada!
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Really now posted a comment · May 08, 2022
The social implications of drastically reducing abortion access are HUGE. Half of the nation’s abortions are completed by women living in poverty. The continuation of those unwanted pregnancies would dig these people even deeper in the hole, and could also severely impact the ‘fathers’ of these babies with crippling life long economic and social impacts. ‘Orangehunter’ says below that ‘Christians are called to care for the preservation of human life’. I call B$ tho. Doing NOTHING about the underlying reasons people choose to end a pregnancy, the Christian Right believes in the preservation of THEIR white, straight, evangelical lives, but could give a rip about ‘other lives’.
OT posted a comment · May 08, 2022
How you bi·fur·cate your faith and the rest…….will you ever repudiate your own duplicity?” Shrug”
OT posted a comment · May 08, 2022
The laughable duplicity of the liberal democrat left, pure unethical behavior/corruption Skwh310 is incapable of speaking too it because of a worship like rev·er·ence for anti God party! Duplicity of the top order of evil parading as the preferred conduct of political/theatre it really is nothing more than a production of the dark side Skwh310 nothing more than a tool…
OT posted a comment · May 06, 2022
Your example is laughable! I’ve witnessed lgbtq/assault a elderly lady ripped her sign out of her hand and pushed her down! What a joke / I thought you were talking about violently setting fire and burning entire city blocks /google counter protests by far the violence is on the part of the left statistics show your argument falls flat! Mainstream won’t report on it Violence from the left is arrested more than Christians are! The fact that you’ll lie expected! Oh and Antifa assaults group in portland w/ live mortars and then scurrying like rats !
Swkh310 posted a comment · May 06, 2022
Christian Nationalists and White Supremicists: https://www.azmirror.com/2022/05/04/extremists-tried-to-crash-abortion-rights-rally-got-arrested-instead/
OT posted a comment · May 05, 2022
Pure left political theater, talking heads trying to influence talking points !
OT posted a comment · May 05, 2022
Who says ? Name Sources Skwh310 says: “Christian Nationalist men are the most violent demographic in the country right now.”
Swkh310 posted a comment · May 05, 2022
Dr. Brown’s article predicted that potential violence would come from the Left. I’m merely stating indisputable facts: white, Christian Nationalist men are the most violent demographic in the country right now.
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OrangeHunter posted a comment · May 05, 2022
Swkh310, this isn't a matter of privacy, but of preservation of human life. You know, the thing Christians are called to care for? It has nothing to do with contraception. If you had a real Christian faith, you would've known this. Beisdes, what kind of racist rubbish is this: "...overwhelming majority of violence in this country is committed by middle-age, white, right-wing Christian, men"? Uhmm...Evidence? I don't think you have any. Drop out the racism and start being a decent human.
OT posted a comment · May 05, 2022
63 million abortions - 63 million acts of violence to snuff out life of a child! Get effing real the idiocy ideology of the left ! Skwh310 God cares about those 63 million snuffed out lives. More than your utilization sophistry the deliberate use of a false argument with the intent to trick/deceive someone, use of a false or untrue argument.
Swkh310 posted a comment · May 04, 2022
This is a surprise? The Right has been focused on this for fifty years. My biggest concern is the basis for this decision. If the Supreme Court rules that there is no right to privacy in the Constitution, then the larger implications are endless -- including and up the ability to purchase contraception. (PS: the boogeyman claim of potential violence conveniently misses that the overwhelming majority of violence in this country is committed by middle-age, white, right-wing Christian, men. The worst thing the Left will do is snarl traffic with another pointless march.)
czarpaul posted a comment · May 03, 2022
We should prepare. We are taking a sacred cow from the left, the Golden Calf, abortion nationwide on demand. We're in for more violence than we've seen since the civil war.