By Dave Andrusko
We are two and a half days out from the publication of a leaked memo prepared by Justice Samuel Alito that unabashed says “Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives.”
It cannot be said often enough, however, that this was a first draft prepared in February, reported by Politico on May 2nd.
Even the authors, Josh Gerstein and Alexander Ward, caution that this by no means the finished product and that votes may change:
Deliberations on controversial cases have in the past been fluid. Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading, sometimes until just days before a decision is unveiled. The court’s holding will not be final until it is published, likely in the next two months.
Pro-abortionists, of course, came out guns a blazing. But it was less important to lay out what they claim is wrong with the decision than to exert maximum pressure at every pressure point.
For example, President Biden whom the Abortion Industry has long complained is not vocal or forthright enough in his defense of the right to kill your own unborn baby. The New York Times’s Peter Baker’s story begins with this lead:
WASHINGTON — When abortion rights supporters protested outside the Supreme Court this week after the leak of a draft decision overturning Roe v. Wade, they turned their ire at one point toward the same president who just hours earlier denounced the possible ruling just as they were doing.
“If you want to be a pro-choice president,” declared Renee Bracey Sherman, a prominent abortion rights leader and author, “you’ve got to start acting like a pro-choice president.”
The crowd agreed, chanting loudly: “Where is Joe? Where is Joe?”
Baker is sympathetic to the President:
To some extent, Mr. Biden’s reticence has reflected a broader unease among many Democratic leaders in recent years to highlight abortion rights nationally, focusing instead on specific states and districts where they are a stronger political selling point. While polls show a strong majority favor preserving Roe, they also show ambivalence about unlimited abortion rights. …
Even in his comments in recent days, Mr. Biden has not dwelled on abortion but rather quickly shifted the discussion to a broader range of privacy rights that he argued would be imperiled by the opinion drafted by Justice Samuel A. Alito Jr. [Underlining added].
Baker details Biden’s changing posture on abortion, culminating in his abrupt reversal on the Hyde Amendment:
His shift in position to meet his political needs was most recently on display in 2019 as he battled more progressive opponents to win the Democratic presidential nomination. One day his campaign said he still supported the Hyde Amendment, but after an uproar on the left, he reversed his longstanding stance the next day.
Pro-lifers look at his record as President, not what Biden has said. In a word, he has systematic rooted out as much of President Trump’s pro-life legacy as he possible could. Should Roe be overturned, the Biden Administration doubtless would use the considerable power of HHS and of Executive Order.
Baker quotes David N. O’Steen, NRLC’s executive director, who said, “If you follow his history on this, Joe Biden has been on this issue wherever he thought it was politically expedient.”
O’Steen added, “Internally how does he really feel? Nobody really knows how he feels.”