Politico's public release of a Supreme Court draft document concerning abortion has generated much speculation and commentary in the media and especially the Television media. The speculation and commentary touched all the usual bases that has taken place since Roe v. Wade was decided in 1973. But most of the talk so far failed to see the most important and critical failure of the court, if indeed, the courts final published decision confirms the draft's version.
To understand just how devastating it will be for the court if the draft turns out to be final, one needs to visit a commentary published by "Politidose" dated 8/24/19 titled, "Abortion: The Republicans, conservatives, the anti-abortion groups and the Johnny Come Lately President Donald Trump." The era of the THEN appointed conservative republican Supreme Court Justices decided the Roe v. Wade issue in 1973, 49 years ago. And they considered the facts and jurisprudence of the legal system to decide. Politics was not involved because the THEN conservatives on the court were not political.
The NOW republican appointed conservative court came along after Roe v. Wade and was used to overturn the ruling by making the issue political and divisive and using any means possible to overturn for the past 49 years. The NOW republican appointed Supreme Court Justices are appointed with the specific thought in mind to overturn Roe v. Wade. The NOW conservative majority court represents an extreme ideology and want the court to rule by that ideology rather than the constitutions requirements. That way laws do not matter and authoritarian rules.
If the Politico draft turns out to be the final result of the courts than one can safely say the NOW republican appointed Supreme Court made a political decision and not a legal one because they disregarded the courts historic Stare Decisis position and the fact that Roe v. Wade was established law as they testified to under oath before Congress at their confirmation hearing. Will the draft report confirm the final report? We will know in just a few short months.
This commentary written by Joe Lorio
