By now you have heard of the leak of a draft opinion by a five Justice majority of the United States Supreme Court.
These are the words that conclude that draft opinion.
If this is the final decision of the majority of the Court it will be a rare moment in history where the United States Supreme Court admits that they were wrong. If this draft holds true, the Court is admitting out loud that abortion does not appear in the U.S. Constitution. They will admit that the question of abortion belongs to the people and their elected representatives according to the rule of law.
This draft opinion represents a change of mind and direction on the part of the United States Supreme Court. Instead of clamoring for more centralized power built upon judicial activism, this majority on the Court is returning to first principles of constitutional law. This decision will not automatically end abortion on demand. It will change the venue of the debate. The outcome will be based upon the people of the United States and their elected representatives.
The U.S. Congress can overturn this action by the Court. They can pass a federal law mandating access to abortion for any reason in all fifty states and they can limit the Court’s jurisiction to review such a law. To date, the U.S. Congress has never agreed to debate such a federal law.
The full team at the American Policy Roundtable is studying this draft opinion and what happens next. Please be watching for more email updates as well as programming on The Public Square® and multiple news programs across the nation.
The timing of “the leak” will be debated for years to come. It is clearly a tactic to build up momentum in the elections that began today in several states. What no one has seemed to notice is that this release also intersects closely with the National Day of Prayer. Perhaps that is the greater irony.