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Supreme Court's majority vote to overturn Roe remains intact: Report
Fox News ^ | May 8, 2022 | Michael Lee

Posted on 05/08/2022 11:05:15 AM PDT by conservative98

The five-vote majority needed in the Supreme Court to overturn Roe v. Wade and Planned Parenthood v. Casey remains intact months after Supreme Court Justice Samuel Alito's leaked draft majority opinion was written, according to a report.

The leaked draft majority opinion penned by Alito is dated February 10 and has almost certainly changed multiple times in the almost three months since it was written, but three conservative sources close to the Court say that the votes supporting the decision remain unchanged, according to reporting from the Washington Post.

The justices set to join Alito's opinion include Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

Chief Justice John Roberts, who has at times sided with the liberal wing of the court, still appears set to oppose the decision, with the report noting that Roberts was still attempting to persuade Coney Barrett and Kavanaugh to take a more incremental approach to allowing abortion restrictions.

(Excerpt) Read more at foxnews.com ...


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: abortion; asinthedaysofnoah; babykillers; georgewbush; johnroberts; roberts; roevswade; roevwade; scotus; trump
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To: conservative98
I'm surprised that Roberts wouldn't be convinced by Alito's argument that the Constitution codifies the Declarations of Independence's basis that we are each endowed by our Creator with certain unalienable rights.

Abortion is not an unalienable right, and is certainly not of the same kind as the rights to free speech, to publish, to worship, to assemble, to protest, to defend, and to privacy that are inherent within each of use simply by our living existence.

Abortion requires the participation of others, and as such requires regulation to ensure the safety of the procedure. That means legislation, whether at the state-by state level or a single national standard determined by Congress.

The problem has been that the politicians have preferred to hide behind the SCOTUS ruling to electorally protect themselves, and do not want to have to debate, legislate, and vote on the issue.

-PJ

21 posted on 05/08/2022 12:15:38 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Dr. Sivana
Roberts will split the difference, concur in part only. Uphold the MS law, NOT overturn Roe v. Wade. It is his style.

Sounds like him. Having it both ways.

22 posted on 05/08/2022 12:21:46 PM PDT by MinorityRepublican
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To: MinorityRepublican

Also if the CJ votes with the majority, he can assign the opinion, which a liberal chief might do to moderate the ‘damage’. In this case, I’m not sure if that helps, because there are still five that could issue a concurring opinion. Is a concurring opinion binding if signed by a majority? I don’t know. I assume so.


23 posted on 05/08/2022 12:29:53 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Sacajaweau

The fact that Alito is writing the decision means that Roberts likely is NOT in the majority, since the Chief Justice gets to appoint who writes decisions if he is joining them.

In the case of the ACA (Obamacare) decision, Roberts was the swing vote, so he got to write it either way. He desparately wanted a 6th vote, which he didn’t get.

One of the difficulties with Roe was that it was 7-2, with one vote swung in exchange for a cite of Pete Rose in an unrelated case, and Chief Justice Burger changing sides so that he could appoint the least competent Justice (Harry Blackmun) to write the decision.


24 posted on 05/08/2022 12:33:16 PM PDT by Dr. Sivana (“...we would live very well without Facebook."-B.LeMaire)
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To: MinorityRepublican
Also, he may not appreciate being "intimidated" by the Left.

He may not appreciate it, but that doesn't mean it doesn't work on him.
25 posted on 05/08/2022 12:34:36 PM PDT by Dr. Sivana (“...we would live very well without Facebook."-B.LeMaire)
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To: conservative98

Finalize and issue the ruling immediately. The hired dmoestic terrorists will be moved along to a new target in less than two weeks. To protect all the court members, just issue the ruling and wait the hired terrorists out.


26 posted on 05/08/2022 12:36:45 PM PDT by MHGinTN (A dispensation perspective is a powerful tool for discernment)
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To: Dr. Sivana

do you think there’s a chance in hell that Roberts joins the majority on Roe?


27 posted on 05/08/2022 12:38:34 PM PDT by spacejunkie2001
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To: spacejunkie2001
do you think there’s a chance in hell that Roberts joins the majority on Roe?

If you mean the "Dobbs vs. Jackson Women's Health Organization", not really. He might concur in part on a narrow aspect, but he won't be on-board with over-turning Roe.
28 posted on 05/08/2022 12:51:36 PM PDT by Dr. Sivana (“...we would live very well without Facebook."-B.LeMaire)
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To: Dr. Sivana

yeah, that’s what I mean and I figured as much. what about Breyer; lost cause as well? I just want to see liberal heads explode even more if one of their trusted judges turns on them


29 posted on 05/08/2022 12:52:48 PM PDT by spacejunkie2001
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To: Williams

Yes, it is long past time to reverse the horrid Scotus abuse of the 14th Amendment.


30 posted on 05/08/2022 12:55:07 PM PDT by Jacquerie (ArticleVBlog.com)
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To: conservative98

if the justices do not hold

the republic is lost

roe was a political precedent and should be overturned

the LEFT wants to destroy our Constitutional Republic

the justices must protect it


31 posted on 05/08/2022 12:58:28 PM PDT by joshua c (Dump the LEFT. Cable tv, Big tech, national name brands)
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To: conservative98

John Roberts - a weasel in a black robe.
Or, Anthony Kennedy in a weasel’s skin.


32 posted on 05/08/2022 12:58:32 PM PDT by Montana_Sam (Truth lives.)
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To: conservative98

Roberts has been working to undermine the decision. What a horrible person.


33 posted on 05/08/2022 12:58:33 PM PDT by throwthebumsout
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To: Whenifhow; null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; ...

p


34 posted on 05/08/2022 1:13:13 PM PDT by bitt ( <img src=' 'width=50%> )
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To: spacejunkie2001

Less than zero chance with Breyer. Unlike Kagan and Sotomayor, he is not a complete ideologue, but his philosophical underpinnings are leftist.

Every inch of ground we get on the Court is hard won and usually with some unexpected impediments.

If we have to settle for 5-4, settle for 5-4. The 50 state fight will be more than enough to keep us busy. 5-4 was enough to get the LGBTQETC people off to the races.

The media will not tell our story, but it will act like the sky is falling, which can make a 5-4 decision feel like a 9-0 decision.


35 posted on 05/08/2022 1:20:51 PM PDT by Dr. Sivana (“...we would live very well without Facebook."-B.LeMaire)
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To: conservative98
Why would Gorsuch vote against Roe, when he's always been for it. And hus church supports it.
36 posted on 05/08/2022 1:33:29 PM PDT by nickcarraway
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To: Dr. Sivana

amen to that brother. I’m so grateful for this ruling; even though it’s currently in leak stage I’m standing on faith that it will remain so when rolled out, which hopefully WILL BE much earlier than late June.


37 posted on 05/08/2022 1:50:47 PM PDT by spacejunkie2001
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To: conservative98

Recognizing how bad the optics are regarding the integrity of the court and recognizing where the majority lies, all nine should author a 9-0 opinion throwing out Roe v Wade and turning it over to the states. They need to show that they won’t bend to executive and public threats and terrorism. The court needs to stand together and put a stop to it all and what better way than joint undivided action?


38 posted on 05/08/2022 1:51:53 PM PDT by Reno89519 (FJB. Respect America, Embrace America, Buy American, Hire American.)
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To: nickcarraway
Why would Gorsuch vote against Roe, when he's always been for it?

He wasn't "for it", This is what he said:

Gorsuch, during his hearing in 2017, called the abortion-rights ruling a “precedent of the United States Supreme Court. It has been reaffirmed.”

He could have said the same thing about Plessy vs. Ferguson in 1945. That does not make him support Jim Crow laws, nor would it impede him from over-turning Plessy on Constitutional grounds.
39 posted on 05/08/2022 2:24:17 PM PDT by Dr. Sivana (“...we would live very well without Facebook."-B.LeMaire)
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To: conservative98

Dubya’s pick trying to talk judges out of their conservative positions. Just think if moron W Bush had gotten Harriet Miers on SCOTUS instead of Alito like he wanted.


40 posted on 05/08/2022 3:28:43 PM PDT by imabadboy99
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