Dems Call for Abolishing Filibuster, Packing Court After Report Roe v. Wade Will Be Overturned

Well, that didn’t take long.

Shortly after Politico reported Monday night that the Supreme Court would vote to strike down Roe v. Wade when it issues its decision in Dobbs v. Jackson Women’s Health Organization, numerous top Democrats called for the Senate to abolish the filibuster in order to pass legislation that would federally codify Roe v. Wade into law or pack the Supreme Court with justices who would overturn the ruling.

(Here at The Western Journal, we’ve long held Roe v. Wade is a terminally flawed decision that invented a right to abortion out of whole cloth, not any constitutional principle. If the Politico report is accurate, it’s amazing news — and the reaction is more evidence the Democrats view the Supreme Court as legitimate only when it acts as a legislative body. We’ll keep fighting for the right to life and against judicial activism; you can help us by subscribing.)

The draft decision obtained by Politico, which was dated Feb. 10, was written by Justice Samuel Alito and joined by four other justices — Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

In the ruling, Alito called Roe’s reasoning “exceptionally weak” and said the decision “was egregiously wrong from the start.” The justice’s draft opinion similarly repudiated the Supreme Court’s other landmark abortion ruling, 1992’s Planned Parenthood v. Casey — which established the “undue burden” test for abortion laws.

“We hold that Roe and Casey must be overruled,” Alito wrote. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

Three liberal justices — Stephen Breyer, Elena Kagan and Sonia Sotomayor — voted to overturn the Mississippi law at the heart of Dobbs v. Jackson Women’s Health Organization.

CNN quoted sources as saying Chief Justice John Roberts wanted to uphold the law, which bans abortions after 15 weeks of pregnancy, but didn’t want to join the other five conservative justices in overturning Roe v. Wade and Planned Parenthood v. Casey.

John Roberts did not want to completely overturn Roe, meaning he would have dissented from Alito’s draft opinion, sources tell ⁦@JoanBiskupic⁩. Sources add that Roberts is willing to uphold Miss. law that would ban abortion at 15 weeks of pregnancy https://t.co/zR5YoKNJUp

— Manu Raju (@mkraju) May 3, 2022

Given that leaks of Supreme Court decisions are unprecedented, it’s still not entirely certain whether this will be the final opinion of the court. Nevertheless, the reporting and sourcing seem to solidly indicate the court will vote 6-3 to allow state laws that ban abortion after 15 weeks or more of pregnancy and 5-4 to overturn Roe v. Wade, obviating the constitutional right to an abortion.

The leak appears to have been designed to gin up liberal anger — and, to that extent, mission accomplished. In addition to nearly instantaneous protests outside the Supreme Court itself, congressional Democrats leapt-to, furiously deriding the decision and casting aspersions on the validity of the court itself.