Explainer: Supreme Court’s Leak

Greetings all…a quick update on some current events, just in case you haven’t been following recent developments regarding the leak of the Supreme Court’s pending decision on abortion.

I haven’t followed things super closely and I’m not well-versed in all aspects of this, but I’ll toss out some info you’re probably not hearing in the news.

Some quick background. Back in the early 1970s, Texas had a law that banned abortions. In a landmark case, Roe vs. Wade, the then-Supreme Court struck down the law, which effectively legalized abortion at the federal level (making it legally impossible for states to ban the practice in its own legislatures). I’m a little fuzzy on this part, but I believe there was some doubt among the public about the constitutionality of the decision. In other words, since the Constitution doesn’t mention abortion (or anything like it), how can laws about it be ruled unconstitutional?

The result was that this contentious issue, which at that point hadn’t really become the widely discussed issue it is now, was suddenly settled without even really having a national debate. Fast forward almost 50 years to where we are now. The issue has somehow come before the court once again (it’s not totally clear to me how the same issue can come before the court twice), and if this leaked decision is accurate, it looks like Roe vs. Wade will be overturned.

While this is great news for unwanted fetuses in our country that are just trying to make their way in this world, it’s easy to see how this will cause even more division in a country that’s already severely polarized. From a legal standpoint, the Supreme Court looks like it’s restoring the issue to neutral. That is, if there’s no federal stance on the matter, states are free to make their own laws about it. I heard someone describe the court as trying to legislate morality. Actually, it’s quite the opposite; this decision would unlegislate the existing pro-choice morality and enable state legislatures to decide according to the will of the people and representatives of those respective states. I think almost half of the states are set to ban abortion if the leaked decision is accurate.

Just touching very quickly on the leak itself. Decisions like this should not be leaked ahead of time. Whoever did it should be held accountable. With a conservative court, this decision doesn’t come as a shock; I’m inclined to think that whoever leaked it did so with the express intent to fire up the progressive base to the point where society would become so unhinged that the justices’ fear of societal meltdown would make them reconsider their decision. It’s meant to intimidate the court. As far as I know, no Supreme Court Justices read this blog, but if I’m wrong, your honor, I’d just like to remind you that there’s a reason this likeness is associated with the justice system:

If this leak turns out to be accurate, please let me offer one piece of advice. Don’t gloat. Yes, I know the pro-choice crowd would gloat if this decision comes down on their side, but that doesn’t mean pro-lifers should. Access to abortion can still be made law at the federal level if enough Senators and Representatives vote for it and get it to President Biden. It’s not looking likely at this point, but things can certainly change. Elections have consequences. In a cycle where Democrats are poised to take an absolute shellacking in the mid-terms, this is one of the key things they’ll latch onto, so expect to see and hear lots of advertisements about it as we draw nearer to elections in November. (Incidentally, Joe Biden voted to overturn Roe vs. Wade as a senator.)

I’d be remiss if I didn’t mention the pregnant women that consider or undergo abortions. Of course pro-lifers don’t want abortions to occur, but that doesn’t mean you write off someone that’s done it. Many of the women or teens that get abortions are emotionally fragile, scared, and are being pressured by others to just “make the problem go away.” If they terminate the pregnancy, of course it’s a sad thing, but abandoning or shunning someone who’s had one isn’t going to help a shattered would-be mom heal from the grief that follows. If you’re a loved one of someone who recently had an abortion, please help them through this time that’s already very difficult without having someone they trust turn their back on them.

To those with unwanted or unplanned pregnancies, here’s a message you probably don’t hear enough: having a child when you’re not ready for it is a terrifying thought, but you can do this. Yes it’s going to be hard, and yes it’s going to be scary, but you know what? You can do it. The time in which we live is the most empowered that women have ever been, and you will be strong enough to make it through the hard times. Society doesn’t associate strong women with pro-life, but that’s a mistake. Even in the face of all the pressure you may be facing to just end it…there’s a child whose life depends on your decision. As a former fetus myself, I’m rootin’ for you, and for the lil’ guy/gal you’re carrying. You can do it, but you have to believe you can do it.

Lord, this country feels like it’s on fire, and society won’t get any more calm if abortions start getting banned. Please help the justices to focus only on the legal considerations of the question before them, and if the leak turns out to be accurate, help our nation as it adjusts to overturning nearly 50 years of norms. Finally, please encourage and strengthen the girls and women that are considering or have had abortions. Help them have hope, help them find support, and bless them in a special way. I ask in Jesus’ name, Amen.