Dems resuscitate court packing position after SCOTUS Roe v. Wade decision leaked
The landmark Roe v. Wade decision will be overturned by the Supreme Court, according to a leaked draft opinion written by Justice Samuel Alito.
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Republican Sen. Marco Rubio introduced a bill Tuesday that would prohibit employers from receiving tax breaks for expenses related to employees’ "interstate abortion" or employees’ children’s "gender transition procedure" costs.
Rubio, R-Fla., introduced the "No Tax Breaks for Radical Corporate Activism Act" on Tuesday, which would "deny the trade or business expense deduction for the reimbursement of employee costs of child gender transition procedure or travel to obtain an abortion."
A liberal dark money group with ties to President Biden's administration is using the leaked Supreme Court draft opinion to yet again push for the court's expansion.
Demand Justice, the left's most active judicial group, emailed supporters on Tuesday in the wake of the leaked Justice Samuel Alito draft opinion signaling Roe V. Wade would be overturned saying the "clearest solution" to protect "constitutional rights" to abortion is to expand the court.
"The Republican party has seen the writing on the wall and knows that it can't win on the issues," Demand Justice writes in the email.
The leaked Supreme Court draft opinion Monday night sent shockwaves throughout the country, and Ohio's Republican Senate primary is no exception.
After a race that focused largely candidates' degree of support for former President Donald Trump, abortion — previously a back-burner issue — came to the forefront just hours before polls opened.
It's not clear if the leaked document, first reported by Politico and confirmed by a statement from the court, will sway votes so late in the race. But the Republican candidates all rushed to burnish their pro-life credentials Monday night and Tuesday.
Hundreds of demonstrators on both sides of the abortion debate gathered outside the Supreme Court on Tuesday for a second time after a draft ruling overturning Roe v. Wade leaked.
"It's shocking and devastating to see white Christian fascists decide what women can do with their bodies," Ann-Marie, a pro-choice protester from Gaithersburg, Maryland, told Fox News.
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Democrats have been slow to condemn the leak of Justice Alito's draft opinion overturning Roe v. Wade.
Congressional correspondent Chad Pergram has the details from Capitol Hill on 'America Reports.'
Florida Republican Gov. Ron DeSantis called the Supreme Court leak a "judicial insurrection" during an unrelated press conference in Fort Myers on Tuesday.
"To have that leak out the way it did was really unprecedented," DeSantis said. "And I think it was really an attack on a lot of the Justices. I think it was intentional to try to whip up a lot of the public, to try to make it very political, and potentially try to bully one of them into changing their positions. And that is not something that’s appropriate for the judicial branch.
"I know they launched an investigation, so they need to figure out who did that, and they need to hold them accountable, because that is a real, significant breach of trust," he continued. "You want to talk about an insurrection, that’s a judicial insurrection to be taking that out and trying to kneecap a potential majority through extra-constitutional means. So I was really surprised to see that, but we will see what ends up being the result going forward.”
"If the Supreme Court ultimately decides to overturn the landmark case of Roe v. Wade, then it will not only reverse nearly 50 years of precedent — it will relegate the most intensely personal decision someone can make to the whims of politicians and ideologues," the Obamas said in a joint statement.
"The consequences of this decision would be a blow not just to women, but to all of us who believe that in a free society, there are limits to how much the government can encroach on our personal lives," the statement adds. "And this decision is unlikely to significantly reduce abortions, which have been steadily going down over the past several decades thanks in large part to better access to contraception and education."
The Obamas called on Americans to "join with the activists who’ve been sounding the alarm on this issue for years — and act."
"Stand with them at a local protest," the statement said. "Volunteer with them on a campaign. Join with them in urging Congress to codify Roe into law. And vote alongside them on or before November 8 and in every other election. Because in the end, if we want judges who will protect all, and not just some, of our rights, then we’ve got to elect officials committed to doing the same."
Supreme Court Chief Justice John Roberts announced Tuesday that he has called upon the Supreme Court marshal to investigate the leak of a draft opinion in an abortion case before the court.
So who is the Supreme Court marshal and what do they do?
The current marshal is Colonel Gail A. Curley, whose appointment was announced May 3, 2021, before she took on the role officially on June 21.
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Utah Republican Sen. Mike Lee reacts to the Supreme Court leak of the draft decision to overturn Roe v. Wade on 'The Story.'
Rep. Eric Swalwell of California claimed Tuesday that the Republican Party was seeking to ban interracial marriage.
The congressman made the statement after the Supreme Court's draft opinion showed an intention to outlaw Roe v. Wade. If the decision does go through, it will be thanks in large part to three judges appointed by former President Donald Trump. Swalwell said that Republicans would not be content with "banning abortion," and also want to ban marriage between people of different races.
"The Republicans won’t stop with banning abortion. They want to ban interracial marriage. Do you want to save that?" Swalwell wrote. "Well, then you should probably vote."
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Planned Parenthood Federation of America senior director Sam Lau says the Supreme Court seems poised to overturn Roe v. Wade on 'America Reports.'
The liberal media collectively broke down after a leak report suggested that the Supreme Court may soon overturn the landmark abortion case.
House Speaker Nancy Pelosi, D-Calif., issued a statement Tuesday afternoon saying "radical Republican-appointed" Supreme Court justices are "poised to inflict unthinkable suffering on tens of millions of families across our country."
“This monstrous draft decision is a sweeping and severe restriction of Americans’ rights. With it, Trump, McConnell and Republicans in Congress have assaulted privacy, precedent and the Constitution," Pelosi wrote, in part.
“Make no mistake: by striking down Roe v. Wade, the Court would pave the way for Republicans to obliterate even more of our freedoms," she continued. "As drafted, Justice Alito’s argument — that women are not entitled to basic human rights today because they have been denied those rights for generations — is alarming and extremist. This draft ruling offers a dangerous blueprint for future assaults on some of our most cherished rights, which are rooted in the long-held constitutional right to privacy."
U.S. Supreme Court Police officers set up barricades on the sidewalk as pro-choice and anti-abortion activists demonstrate in front of the U.S. Supreme Court Building on May 03, 2022 in Washington, DC. (Photo by Anna Moneymaker/Getty Images)
The D.C. Police Department activated its civil disturbance units Tuesday in anticipation of protests regarding a leaked Supreme Court decision indicating the court may soon overturn Roe v. Wade.
Protests broke out at the Supreme Court building within minutes of the initial leak Monday evening. D.C. Police have activated additional units to respond to potential "First Amendment activity" through Sunday, according to Fox 5 DC.
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Sen. Ted Cruz, R-Texas, is asked by a reporter about his reaction to the leaked draft opinion indicating the Supreme Court will overturn Roe v. Wade, in Russell Building on Tuesday, May 3, 2022. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
Sen. Ted Cruz, R-Texas, on Tuesday blamed the "vicious partisan politicking" that has been adopted by the present-day Democratic Party after the Supreme Court’s draft of a decision on abortion was leaked.
"The fact that this draft was leaked, as someone who spent an entire career litigating before the Supreme Court, I’m utterly horrified. I’ve never seen anything remotely like this," Cruz told reporters in a hallway on Capitol Hill. "I am certain that all nine justices right now are unsure how the court can continue to proceed, unsure of how the court can be able to decide cases if the vicious partisan politicking that categorizes today’s Democrat Party now becomes how employees of the court operate, that is an incredible threat to our independent judiciary."
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The unprecedented leak of a draft Supreme Court opinion on abortion has left many outraged, but so far the identity of the rogue clerk or justice remains entirely unknown.
An anonymous individual leaked a bombshell draft opinion to Politico on Monday, showing a ruling that would overturn Roe v. Wade. The leak included the entire text of the opinion as drafted in February of this year, which suggests the leak came from high up in a justice's office.
"We at the Court are blessed to have a workforce – permanent employees and law clerks alike – intensely loyal to the institution and dedicated to the rule of law. Court employees have an exemplary and important tradition of respecting the confidentiality of the judicial process and upholding the trust of the Court," wrote Chief Justice John Roberts in a Tuesday statement. "This was a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here."
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A pro-life protester interrupted Sen. Elizabeth Warren, prompting the senator's supporters to shout him down.
Former Gorsuch law clerk Mike Davis calls the 'stunning' leak of a draft opinion on Roe v. Wade 'obstruction of justice' on 'America Reports.'
Senate Minority Leader Mitch McConnell (R-KY) walks back to his office after giving remarks on the floor of the Senate Chambers in the U.S. Capitol Building on May 02, 2022 in Washington, DC. The U.S. Senate returned to Washington DC after a weekend recess while members of the House of Representatives remain in their home states for a district work period. (Photo by Anna Moneymaker/Getty Images)
Senate Minority Leader Mitch McConnell, R-Ky., said during a news conference Tuesday that he hopes the person behind the Supreme Court leak is "dealt with" following an investigation promised by Justice John Roberts.
“I want to applaud the Chief Justice for indicating that the court is going to investigate,” McConnell said. “I want to underscore the separation of powers: This is the Supreme Court's job to investigate the leak.
“The Chief Justice has indicated that's exactly what he's going to do, and I hope that the leaker – who is extremely likely to be found given the limited number of people who have the ability to access early drafts and opinions –will be dealt with as severely as the law may allow,” he added. “And certainly the Supreme Court as the most prominent law body in the country would know what is the appropriate penalty.”
The tensions were high Tuesday morning among pro-life and pro-choice protesters in front of the Supreme Court building following an astonishing Monday night leak of a draft opinion that signaled the high court would issue a final opinion overturning Roe v. Wade.
Protesters from both sides of the abortion issue started gathering late Monday night after a leaked draft opinion from Justice Samuel Alito in early February was published.
"Hey, hey, ho, ho, abortion now," some of the pro-choice protesters chanted. One pro-choice protester was seen berating pro-life protesters while they prayed outside of the Supreme Court.
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Vice President Kamala Harris issued a statement Tuesday accusing Republicans of "weaponizing the use of the law against women" by restricting abortions in states across the country.
Harris warned "the government can potentially interfere in the personal decisions you make about your life" if Roe v. Wade is overturned by the Supreme Court.
The stunning leak of Supreme Court Justice Samuel Alito's draft majority opinion has caused speculation that the person behind the leak could be held criminally liable, but one expert is skeptical the leak itself violates any laws.
"First, without more, I don't think there is such a crime," Orin Kerr, a law professor at the University of California, Berkeley, said on Twitter Monday. "There are criminal laws against leaking classified information, of course. But draft opinions are not classified."
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Congressional Democrats moved to cast doubt on the Supreme Court's legitimacy on Tuesday, after a leaked draft opinion indicated that the court is likely to overturn Roe v. Wade, leaving the question of abortion's legality up to individual states.
Some Democrats resurfaced the idea of packing the court by expanding the number of justices, though that move would depend on support from moderate Democrats like West Virginia Sen. Joe Manchin, who have opposed court-packing.
More broadly, Democrats quickly moved to delegitimize the court's anticipated ruling.
"If the majority Republican justices stay the course, this decision will go down as one of the most supremely political acts in Supreme Court history," Rhode Island Sen. Sheldon Whitehouse wrote on Twitter.
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Pro-choice demonstrators during a protest outside the U.S. Supreme Court in Washington, D.C., U.S., on Tuesday, May 3, 2022. Abortion rights suddenly emerged as an issue that could reshape the battle between Democrats and Republicans for control of Congress, following a report that conservatives on the U.S. Supreme Court were poised to strike down the half-century-old Roe v. Wade precedent. Photographer: Al Drago/Bloomberg via Getty Images
Thirteen states in the country are poised to enact immediate abortion bans and 13 more could quickly follow suit if the Supreme Court overturns Roe v. Wade, as it appears set to do according to a draft opinion leaked to Politico.
Those states are Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah and Wyoming, which just passed its trigger law last month, according to a report.
There are also five additional states – Alabama, Arizona, Michigan, West Virginia and Wisconsin – with an abortion ban still on the books from before Roe v. Wade that could be reinstated if the law is overturned.
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President Biden reacted to the leak, warning that overturning Roe v. Wade would be a "fundamental shift" as abortion policy would be up to the states.
Sen. Dick Durbin, D-Ill., condemned the Supreme Court leak Tuesday while calling on lawmakers to codify Roe v. Wade at the federal level.
“I don't condone the leaking of internal Supreme Court documents,” said Durbin, chairman of the Senate Judiciary Committee. “Senator Kennedy's correct: It is unprecedented.
"I don't know who leaked the opinion or why, but I know that today, women and men across this country are grappling with the very real concern and yes, the fear that they may lose a critical constitutional right in just a matter of weeks," he said.
Former secretary of state and twice-failed presidential candidate Hillary Clinton declared Tuesday that the "extreme wing" of the Supreme Court seeks to deny women their "fundamental" rights.
Senate Majority Leader Chuck Schumer, D-N.Y., blasted the Supreme Court over the leaked draft opinion indicating that the court will overturn Roe v. Wade, calling it "the greatest restriction of rights in the past 50 years."
In remarks on the Senate floor Tuesday morning, Schumer blamed Senate Republicans for the Supreme Court's expected ruling, as they controlled the Senate for the confirmation of the three most-recently appointed sitting justices.
"The Republican-appointed justices reported votes to overturn Roe v. Wade will go down as an abomination – one of the worst, most damaging decisions in modern history," Schumer said, as an overturning of Roe v. Wade would eliminate a federally recognized right to an abortion.
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The Senate minority leader ripped the left in wake of the leak, warning the culprit is likely someone within the court who aims to incite a 'pressure campaign.'
President Biden on Tuesday reacted to the leaked draft of the Supreme Court’s opinion string down Roe v. Wade, saying he believes that "a woman’s right to choose is fundamental," and arguing that "basic fairness and the stability of our law demand that it not be overturned," while saying any potential final decision on the case by the high court should push voters "to elect pro-choice officials" during November’s midterm elections.
The high court is poised to overturn Roe v. Wade, according to a draft opinion written by Justice Samuel Alito, in an unprecedented and stunning leak from the high court.
"We do not know whether this draft is genuine, or whether it reflects the final decision of the Court," the president said Tuesday morning. "With that critical caveat, I want to be clear on three points about the cases before the Supreme Court."
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The social media firestorm sparked by a leaked draft from the Supreme Court suggesting an impending reversal of Roe v. Wade caused some on Twitter to point out that many prominent progressives and constitutional experts have openly questioned the validity of the controversial 1973 ruling.
In a Twitter thread posted by Grabien founder Tom Elliott, the journalist provides several examples of liberals criticizing the law including former Supreme Court Justice Ruth Bader Ginsburg who once called it a ""heavy-handed judicial intervention [that] was difficult to justify and appears to have provoked, not resolved, conflict."
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Shannon Bream weighs in on the leaked Supreme Court opinion draft that could upend Roe v. Wade if finalized.
The leak of Supreme Court Justice Samuel Alito's draft majority opinion, which sets the stage for the court to overturn Roe v. Wade and Planned Parenthood v. Casey, elicited shock from longtime observers of the court, which has rarely had information about its deliberations leak to the public.
"The alleged leak of the opinion in Dobbs v. Jackson Women’s Health Organization is nothing short of breathtaking," legal analyst Jonathan Turley said on Twitter Monday. "It would constitute one of the greatest breaches of security in the history of the Court."
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Fox News congressional correspondent Chad Pergram on Democrats' potential action on SCOTUS draft leak and how the filibuster debate could return.
Fox News contributor Jonathan Turley weighs in after a leaked Supreme Court draft ruling revealed justices may move to end Roe v. Wade.
A tidal wave of meltdowns began rolling in late Monday from liberals distraught over reports that a leaked draft opinion from the Supreme Court showed it had voted to overturn Roe v. Wade.
The draft opinion, said to be written by Justice Samuel Alito, was obtained and published by Politico in what would be an unprecedented leak if authentic, and would lead to abortion laws being left to the states to decide.
Liberal journalists, Democrats and celebrities quickly took to social media following the report on the court's alleged decision, railing against the possibility that Roe v. Wade might no longer be the law of the land.
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"Life, Liberty, & Levin" host Mark Levin slammed the person behind the leak of the Supreme Court draft opinion on a case that could potentially overturn the 1973 landmark case Roe v. Wade. Tuesday on "Fox & Friends," Levin labeled the actions as a "grave assault" on the institution.'
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'Fox News @ Night' anchor Shannon Bream on what the Supreme Court draft opinion leak could mean for abortion in the United States.
Supreme Court historians have always been able to rattle off significant decisions and important moments in Supreme Court history. Chief Justice John Marshall establishing "judicial review" in the 1803 Marbury v. Madison decision, FDR’s court-packing scheme in 1937, the court’s enshrinement of racism in 1896’s Plessy v. Ferguson, and its eloquent and overdue reversal in 1954 under Brown v. Board of Education, to name a few. The leaking of a draft opinion that addresses Roe v. Wade is a colossal, historic, destructive moment in the history of the judiciary. Its significance cannot be overstated.
You will notice that I am not addressing the thorny issues of abortion, stare decisis, federalism or constitutional construction. The merits of an opinion on abortion can wait for another day. And the merits must wait if we are to preserve the integrity of the Supreme Court.
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Democratic lawmakers and liberals rushed to call for court packing after a leaked Supreme Court draft decision details the nation’s highest court will allegedly overturn Roe v. Wade.
"A stolen, illegitimate, and far-right Supreme Court majority appears set to destroy the right to abortion, an essential right which protects the health, safety, and freedom of millions of Americans. There is no other recourse. We must expand the court," Massachusetts Sen. Ed Markey tweeted Monday evening.
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