A statement from the court the following day said that “Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case.”
Archbishop Naumann said, “I encourage the Court to issue their actual decision as quickly as possible. It appears that leaking the draft decision was an attempt to pressure the court … Leaking a draft decision while the Court is still deliberating is a serious violation of the integrity of the Court and attempts to politicize the work of the Court.”
He added that “I am ecstatic if the Supreme Court has finally acknowledged that there really is no constitutional right to abortion. The Supreme Court, in 1973, made a tremendous error in claiming that there was a right to abortion. The court today is recognizing and acknowledging that the constitution does not address abortion. A right to abortion was not in the minds of those who authored the constitution.”
Moschella observed that “If the court is concerned at all with maintaining its legitimacy and making clear that it is not supposed to be a political actor but is simply supposed to be interpreting and applying the constitution, they should just ignore [the leak] and continue on their course.”
“Caving into political pressure and changing the decision in the face of political pressure after this leak will really delegitimize the court,” she added.
The draft ruling, Moschella said, would return abortion regulation “to democratic processes and probably will help to overcome some of the polarization that has resulted from removing it from democratic deliberation and the ability to make democratic compromises.”
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