Following protests sparked by the leak of a draft Supreme Court decision indicating the justices are poised to overturn the constitutional...
Following protests sparked by the leak of a draft Supreme Court decision indicating the justices are poised to overturn the constitutional right to abortion, Justice Clarence Thomas said on Friday that the court cannot be 'bullied.'
The leak set off a political firestorm, with abortion-rights supporters staging rallies outside the courthouse and at locations around the United States, as well as an internal crisis at the nation's top judicial body where an investigation into the source of the unprecedented disclosure is underway.
Thomas, one of the most conservative justices on the nine-member court, made only a few passing references to the protests over the leaked draft opinion as he spoke at a judicial conference in Atlanta.
As a society, 'we are becoming addicted to wanting particular outcomes, not living with the outcomes we don't like,' Thomas said.
'We can't be an institution that can be bullied into giving you just the outcomes you want. The events from earlier this week are a symptom of that.'
Following protests sparked by the leak of a draft Supreme Court decision indicating the justices are poised to overturn the constitutional right to abortion, Justice Clarence Thomas said on Friday that the court cannot be 'bullied'
The leak set off a political firestorm, with abortion-rights supporters staging rallies outside the courthouse and at locations around the United States
Thomas, one of the most conservative justices on the nine-member court, made only a few passing references to the protests over the leaked draft opinion as he spoke at a judicial conference in Atlanta
Police have surrounded the court with tall black fencing following the protests, which have been peaceful.
The court confirmed the authenticity of the document but called it preliminary. The court is due to issue its ruling in the case by the end of June.
Alito on Friday canceled his appearance at another court conference, instead sending a video message in which he told attendees it would have been 'impractical' to attend, according to people who attended the conference.
Thomas, a native of Georgia, spoke at the 11th Circuit Judicial Conference, a gathering of lawyers and judges from the Atlanta-based federal appeals court and the federal district courts of Georgia, Florida and Alabama.
On Thursday, Roberts told conference attendees that the leak was 'absolutely appalling' but vowed that it would not affect the court's work.
The draft was obtained by Politico. Written by Justice Samuel Alito, one of the six justices appointed by a Republican president who sit on the court, it repudiated both Roe v Wade and the 1992 Planned Parenthood vs Casey Decision.
If and when the draft is made final, the decision removes the federal right to abortion in America, leaving it up to elected officials in each state to decide whether or not women should have access to abortions.
Twenty-six states are likely to ban it if Roe v. Wade is formally overturned, essentially outlawing abortion in more than half of the country. Eighteen states already have restrictive abortion laws in place.
The news sent shock waves throughout Washington D.C. with Democrats vowing to codify the legal right to an abortion into law and Republicans demanding an investigation into the leak, claiming it was done to try and influence the high court ahead of its formal ruling.
Perhaps anticipating backlash, the Supreme Court building initially was barricaded Monday night before being watched by security.
Protesters eventually headed toward the gates in large numbers, with some standing up and chanting, while others sat outside the building and lit candles in silence. A small number of counter-protesters also gathered.
'Roe was egregiously wrong from the start,' Alito writes in the draft opinion, which was crafted in February and circulated among the court members. 'We hold that Roe and Casey must be overruled,' he continues in the document, titled 'Opinion of the Court.'
'It is time to heed the Constitution and return the issue of abortion to the people's elected representatives.'
Politico reports that, aside from Alito, four other judges voted in favor of overturning the law: Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, all of whom were nominated by Republican presidents.
Politico noted that this is the first such case in modern history of a Supreme Court draft decision being leaked to the public while the case was still pending.
The draft document is not final until the court formally announces its decision in a case, meaning the ruling could still be changed.
Sometimes drafts are circulated by one justice in the hopes of swaying fellow judges but this is believed to be the first time a draft has been leaked.
The court is expected to issue its final ruling before its term is up in late June or early July.
That led to speculation the Alito draft was leaked ahead in the hopes public outrage could temper the court's decision.
The court, notably, did not deny the legitimacy of the draft opinion.
A spokesperson for the Supreme Court said: 'The Court has no comment.'
Republican appointed-Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett all voted to strike down Roe with Samuel Alito, Politico noted
The beginning of the original leaked draft opinion written by Justice Samuel Alito
Protesters gather, chant and hold signs outside the Supreme Court in Washington Monday night
Lights burn inside U.S. Supreme Court offices late at night after the leak of a draft majority opinion written by Justice Samuel Alito
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