It’s all over the news. The SCOTUS draft opinion leak has rearranged the headlines from top to bottom. Facts are just beginning to emerge. From a civics and citizenship perspective, let’s discuss what we know and its relevance to everyday Americans.
What does this leaked opinion mean? It means nothing until a final Supreme Court opinion is released.
What if this leaked opinion holds? According to the Tenth Amendment, the issue of abortion is returned to the states. Then, the state legislatures will go through the legal process, either pulling back on abortion or keeping it legal. State legislatures operate independently as intended by the Founders while adhering to the federal and their state constitutions.
Does this mean abortions will cease until each state legislature meets? No, it does not.
Why does this issue keep coming up? It returns time and again because it was made “law” by the Supreme Court. This is not legal. SCOTUS is to remain unpolitical. According to Article III, courts discover and apply the law. Only Congress can make law. (See Article I). Remember what we have already learned. The Constitution limits and defines what the government can do. The Tenth Amendment says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the STATES respectively, or to the PEOPLE.”
What happens if the person who leaked the information is caught? Depending on their position (if they hold one in the federal government), they could be impeached, become a celebrity, or escape consequences. Remember Stephen Henson’s words, ”The wheels of justice turn slowly, but grind exceedingly fine.” That applies here.
This is Common Sense Civics and Citizenship. 🇺🇸