Carrie Severino, president of the Judicial Crisis Network and former law clerk for Supreme Court Justice Clarence Thomas, expressed her opinion on the leak of the court’s draft abortion ruling that overturns Roe v. Wade on social media.
Severino, who also wrote the best-selling book Justice on Trial: The Kavanaugh Confirmation and the Future of the Court, blamed leftists, who she said want to “undermine” the court, while praising the decision’s reasoning.
The reported draft opinion is thoughtful, scholarly, and thorough. It does the work that the majority in Roe and Casey refused to do, looking to the Constitution itself to determine whether it includes a right to an abortion. The opinion concludes it does not. /1
— Carrie Severino (@JCNSeverino) May 3, 2022
Justice Alito's opinion does not mince words about Roe and its progeny. He describes Roe as "an abuse of judicial authority" and as being "on a collision course with the Constitution from the day it was decided." /2
— Carrie Severino (@JCNSeverino) May 3, 2022
More Alito on Roe: "[W]ielding nothing but 'raw judicial power,' the Court usurped the power to address a question of profound moral and social importance that the Constitution unequivocally leaves for the people." /3
— Carrie Severino (@JCNSeverino) May 3, 2022
The opinion's excellent discussion of the stare decisis factors notes that "some of our most important constitutional decisions have overruled prior precedent," including Brown v. Board, West Coast Hotel Co., and Barnette. /4
— Carrie Severino (@JCNSeverino) May 3, 2022
With this draft opinion, the Court explicitly rejects attempts to game out the political ramifications of its decision and confines itself to doing its job,"which is to interpret the law, apply longstanding principles of stare decisis, and decide the case accordingly." /5
— Carrie Severino (@JCNSeverino) May 3, 2022
And that *is* exactly the Court's job. Here the Court finally takes itself out of the business of legislating abortion – a task for which it it lacks both the authority and expertise. Instead, that job will rightly be returned to the people and their elected representatives. /6
— Carrie Severino (@JCNSeverino) May 3, 2022
This is an outstanding opinion, but it is also one that we should not have read tonight. The forces on the radical Left that seek to undermine the institution of the Court have no limit; they will stop at nothing to get what they demand. /7
— Carrie Severino (@JCNSeverino) May 3, 2022
This leak is just the latest iteration of the Left's shameful campaign to intimidate and undermine the Court, and it should be seen for exactly what it is. /8
— Carrie Severino (@JCNSeverino) May 3, 2022
10/10 The Left cannot accept the fact they do not control the Supreme Court, and they are very mad. Anything is acceptable to get their way. Even unprecedented leaks from the Supreme Court. But they will fail again.
— Mark Paoletta (@MarkPaoletta) May 3, 2022
9/10 In the end, they failed to stop Thomas confirmation b/c American people watched hearings and believed Thomas 58%-24%. And Thomas absolutely destroyed the Democrats with his high-tech lynching speech.
— Mark Paoletta (@MarkPaoletta) May 3, 2022
10/10 The Left cannot accept the fact they do not control the Supreme Court, and they are very mad. Anything is acceptable to get their way. Even unprecedented leaks from the Supreme Court. But they will fail again.
— Mark Paoletta (@MarkPaoletta) May 3, 2022
Mark Paoletta served as a lawyer in the George H.W. Bush White House Counsel’s office and worked on the confirmation of Justice Clarence Thomas. He is a senior fellow at Center for Renewing America and partner at Schaerr Jaffe law firm.
Chief Justice John Roberts has confirmed the draft’s authenticity but also said the final ruling has yet to be issued.
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