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Supreme Court draft opinion that would overturn Roe v. Wade published by Politico | CNN Politics

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Supreme Court draft opinion that would overturn Roe v. Wade published by Politico | CNN Politics



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In a surprising breach of Supreme Court docket confidentiality and secrecy, Politico has obtained what it calls a draft of a majority opinion written by Justice Samuel Alito that might strike down Roe v. Wade.

The draft was circulated in early February, in keeping with Politico. The ultimate opinion has not been launched and votes and language can change earlier than opinions are formally launched. The opinion on this case will not be anticipated to be printed till late June.

CNN has not independently confirmed the doc’s authenticity. Politico says it has authenticated the draft. A Supreme Court docket spokesperson declined to remark to CNN.

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In keeping with the draft, the court docket would overturn Roe v. Wade’s holding of a federal constitutional proper to an abortion. The opinion can be essentially the most consequential abortion determination in many years and remodel the panorama of girls’s reproductive well being in America.

It seems that 5 justices can be voting to overturn Roe. Chief Justice John Roberts didn’t wish to utterly overturn Roe v. Wade, that means he would have dissented from Alito’s draft opinion, sources inform CNN, seemingly with the court docket’s three liberals.

Roberts is prepared, nonetheless, to uphold the Mississippi regulation that might ban abortion at 15 weeks of being pregnant, CNN has discovered. Below present regulation, authorities can’t intrude with a ladies’s option to terminate a being pregnant earlier than about 23 weeks, when a fetus may reside outdoors the womb.

Politico’s publishing of the draft is unprecedented by the excessive court docket’s requirements of secrecy. The internal deliberations among the many justices whereas opinions are being drafted and votes are being settled are among the many most carefully held particulars in Washington.

The case in query is Dobbs v. Jackson. It considerations a problem to Mississippi’s 15-week ban on abortion and oral arguments had been heard on December 1. The discharge of a ultimate opinion within the case is anticipated later this Spring or early summer time.

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Within the draft opinion, Alito writes that Roe “should be overruled.”

“The Structure makes no reference to abortion and no such proper is implicitly protected by any constitutional provision,” Alito wrote. He stated that Roe was “egregiously improper from the beginning” and that its reasoning was “exceptionally weak, and the choice has had damaging penalties.”

He added, “It’s time to heed the Structure and return the problem of abortion to the individuals’s representatives.”

“That’s what the Structure and the rule of regulation demand,” he stated, in keeping with the draft.

Already practically half of the states have or will cross legal guidelines that ban abortion, whereas others have enacted strict measures regulating the process.

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Oral arguments within the case had been held on December 1.

Below regular process, by the top of that week the justices would have met of their non-public convention to take a preliminary vote on the problem. They’d have gone across the desk so as of seniority discussing their tackle the case. Roberts would have gone first, with Justice Amy Coney Barrett final.

After that preliminary tally, if Roberts was within the majority he would assign the bulk opinion. In any other case essentially the most senior justice would have taken that accountability. After that, draft opinions would go between chambers. Up to now, justices have modified their votes and generally a majority opinion in the end turns into a dissent.

A reversal of Roe would depart abortion coverage as much as particular person states and would seemingly produce a patchwork system the place the process would stay largely accessible in Democratic-led states, whereas Republican-led states would cross excessive limits or outright bans on it.

The Dobbs case was maybe essentially the most anticipated case of the court docket’s time period, and most court docket observers anticipated that the conservative majority was more likely to cut back or outright overturn Roe’s holding. At oral arguments, Roberts was the one one of many six Republican appointees who signaled curiosity in exploring a narrower opinion that might have upheld Mississippi’s regulation however preserved some protections for abortion rights.

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As a result of it is without doubt one of the court docket’s most high-stakes and contentious choices, the anticipation was that the opinion can be among the many ultimate ones the court docket launched on the finish of its time period in late June.

Roe is the regulation of the land till the court docket formally points its opinion.

“Let’s be clear: It is a draft opinion. It’s outrageous, it’s unprecedented, but it surely’s not ultimate. Abortion is your proper – and it’s STILL LEGAL,” Deliberate Parenthood stated in a tweet following Politico’s reporting.

Overturning Roe can be the fruits of a decades-long venture of the conservative authorized second. Former President Donald Trump, when working for the White Home in 2016, promised to nominate Supreme Court docket justices who would overturn Roe “routinely.” His nominee Justice Brett Kavanaugh changed Justice Anthony Kennedy, who sided with the liberal justices in previous abortion rights circumstances. Barrett changed the late Justice Ruth Bader Ginsburg, a Democratic appointee and abortion rights champion who died weeks earlier than the 2020 election.

This story is breaking and shall be up to date.

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Slinging mud at King Felipe leaves no stain

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Slinging mud at King Felipe leaves no stain

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Exquisite tailoring takes you only so far. Felipe VI, king of Spain, is known to the internet for the perfect hug of his suits — the right-length jackets, the gently rolled lapels.

A monarch could scarcely look more the part. Felipe is nearly two metres tall. He has the posture for which a desk-bound worker would sacrifice a year’s salary, and a visage you’d expect to see chiselled into a medieval cathedral. No sausage fingers in the House of Bourbon.

But last weekend, the king’s new clothes were about as much use as the emperor’s. Walking the streets of Paiporta, a suburb of Valencia, hours after deadly floods, Felipe and his wife Queen Letizia found themselves pelted with mud and subjected to cries of “Murderers!”

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Inevitable, perhaps, that mass death should strip away the aura of monarchy. Inevitable, too, that the king’s decision to face angry crowds, while prime minister Pedro Sánchez retreated to his car, should be seen as both too much and too little. That’s constitutional monarchy: you can’t send out emergency alerts but you can take the blame for other people’s failure to do so.

No one can deny victims’ right to express their anger. But is it too much to hope that the anger might only be a temporary stage of the grieving process? Logically, disasters should define us. Sheep learn from electric fences. Yet we humans, collectively, cannot make the same course correction.

Crises leave only an inconsistent mark on society. The financial crisis spawned various political impulses, most of which (shrink state spending, cut trade ties) worsened the malaise. Westminster’s expenses scandal — and subsequent sleaze — simply deepened public hostility, further deterring talented people from choosing politics as a career. A plague on all their houses quickly becomes a plague on your own.

In 2020, it looked inconceivable that we wouldn’t learn lessons from Covid: surely we would do whatever it took to avoid this happening again. But our medium-term response has been denial. No one is a libertarian in a crisis, but quite a few are libertarians shortly after. Americans just re-elected a man who suggested they drink bleach.

Even in saner Britain, the Conservative party has elected a leader who says that Covid restrictions were too strict. Kemi Badenoch also wrongly said that the furore around Boris Johnson’s parties at Downing Street was overblown. But her critics should ask themselves if the anger at Partygate would now be better channelled into calls for a pandemic warning system and a move away from factory farming. Or is the only way that we can process disasters to focus on humiliating the powerful?

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In his novel The Ministry for the Future, Kim Stanley Robinson imagines a catastrophic heatwave in India catalysing climate action. The country’s ruling party is thrown from office, the political elite is discredited. A new consensus takes hold, with investments in renewable energy, battery storage and geo-engineering.

Satisfying fiction, but not reality. If it were, then every car destroyed by the Spanish floods would be replaced by an electric vehicle, every regional housing plan would stop building on flood plains, and no politician would be elected without committing to climate action. Don’t bet on it. Valencia’s government has included the climate-denying party Vox. Floridians are happily electing climate-denying Republicans, even as extreme weather makes parts of their state uninsurable.

The humbling of Felipe will lead nowhere. Anti-monarchists should check their delight. We assume one day that the Spanish and British monarchies will go the way of the French, but the date does not appear imminent.

The king will come out of this fine, if his advisers have any sense. He will espouse a special bond to the victims of the flood. He will meet some of them again when anger has subsided. And he will be perfectly tailored, and politely received, in Wimbledon’s royal box next summer.

But if an individual becomes the story, the opportunity for society to learn from disaster will be lost. For a better model, look to sport. After England narrowly lost at rugby to New Zealand on Saturday, their fly-half Marcus Smith excused a teammate who missed a match-winning kick. Defeat was a team responsibility, and the team would emerge stronger, he promised.

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In politics, slinging mud often becomes an end in itself. But if you want success, it must be a means to an end — or it is as pointless as Felipe’s lapels.

Henry Mance is the FT’s chief feature writer

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Judge cancels court deadlines in Trump's 2020 election case after presidential win

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Judge cancels court deadlines in Trump's 2020 election case after presidential win

Republican presidential nominee former President Donald Trump, joined by Melania Trump, left, and Barron Trump, arrives to speak at an election night watch party on Nov. 6, 2024, in West Palm Beach, Fla.

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Alex Brandon/AP

WASHINGTON — The judge overseeing Donald Trump’s 2020 election interference case canceled any remaining court deadlines Friday while prosecutors assess the “the appropriate course going forward” in light of the Republican’s presidential victory.

Special Counsel Jack Smith charged Trump last year with plotting to overturn the results of the 2020 presidential election and illegally hoarding classified documents at his Mar-a-Lago estate. But Smith’s team has been evaluating how to wind down the two federal cases before the president-elect takes office because of longstanding Justice Department policy that says sitting presidents cannot be prosecuted, a person familiar with the matter told The Associated Press.

Trump’s victory over Vice President Kamala Harris means that the Justice Department believes he can no longer face prosecution in accordance with department legal opinions meant to shield presidents from criminal charges while in office.

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Trump has criticized both cases as politically motivated, and has said he would fire Smith “within two seconds” of taking office.

In a court filing Friday in the 2020 election case, Smith’s team asked to cancel any upcoming court deadlines, saying it needs “time to assess this unprecedented circumstance and determine the appropriate course going forward consistent with Department of Justice policy.”

U.S. District Judge Tanya Chutkan quickly granted the request, and ordered prosecutors to file court papers with their “proposed course for this case” by Dec. 2.

Trump had been scheduled to stand trial in March in Washington, where more than 1,000 of his supporters have been convicted of charges for their roles in the Capitol riot. But his case was halted as Trump pursued his sweeping claims of immunity from prosecution that ultimately landed before the U.S. Supreme Court.

The Supreme Court in July ruled that former presidents have broad immunity from prosecution, and sent the case back to Chutkan to determine which of the the allegations in the indictment can move forward.

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The classified documents case has been stalled since July when a Trump-appointed judge, Aileen Cannon, dismissed it on grounds that Smith was illegally appointed. Smith has appealed to the Atlanta-based 11th U.S. Circuit Court of Appeals, where the request to revive the case is pending. Even as Smith looks to withdraw the documents case against Trump, he would seem likely to continue to challenge Cannon’s ruling on the legality of his appointment given the precedent such a ruling would create.

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Video: Walz Offers Hope to Minnesota in Concession Speech

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Video: Walz Offers Hope to Minnesota in Concession Speech

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Walz Offers Hope to Minnesota in Concession Speech

Gov. Tim Walz, the former vice presidential candidate, gave a concession speech in his home state on Friday, in which he vowed to “stand ready to stand up and fight.”

Let me just start out by saying it’s great to be home. You came home. Great to be home. But look, folks, I just want to acknowledge the moment. It’s hard. It’s hard to lose. So if you’re feeling deflated, discouraged today, I get it. The other side spent a lot of time campaigning and talking about and promising that they would leave things up to the states. Well, I’m willing to take them at their word for that. But the moment they try and bring a hateful agenda in this state, I’m going to stand ready to stand up and fight for the way we do things here.

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