Recently, a leaked draft opinion that would overrule Roe v Wade and Casey v Planned Parenthood was released from the Supreme Court of the United States. The brazen and deliberate leak is both unprecedented and extremely alarming. The highest court in the land deserves to deliberate without fear of intimidation.
Although this opinion is only a draft, if it stands, it will validate the Republican Party and its Pro-Life allies in their decades-long struggle to prove that Roe v Wade and Casey v Planned Parenthood was unconstitutional since the day they were penned. As Supreme Court Justice Samuel Alito writes in his draft opinion, “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.”
To be clear, overturnig Roe and Casey will not mean the outright prohibition of abortions in the United States. Instead, it will rightfully return the question of how to regulate abortion to the states. As our U.S. Constitution states in the Tenth Amendment, “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively.”
Now we see many left-wing pro-abortionist denouncing this draft opinion and screaming their “the sky is falling” pro-choice rhetoric. Republicans have always and will continue to stand unequivocally for the sanctity of life in defence of the unborn, but this issue is much deeper than just a pro-life issue. With the release of the Supreme Court draft opinion, the Supreme Court is seeking to reaffirm states’ rights and ensure state sovereignty is respected and protected. In a time where we are facing ever-growing federal overreach, the rights of states must not be trampled on but rather emboldened against a federal government with an insatiable appetite to grow and control all aspects of our lives.
And make no mistake, this decision demonstrates the wisdom of Idaho’s elected representatives in continuing to fight for the right to life. Idaho Republicans have never disregarded the right to life or failed to continue fighting for the day Roe v Wade was overturned. In the same way, we wish for Idaho to exercise her sovereignty as we respect the right of other states to exercise their sovereignty as well.
Idaho Republicans recently passed legislation in anticipation of the day Roe was overturned and these decisions were returned to State Legislatures. When the Idaho Legislature passed the Fetal Heartbeat law in 2021 they included a provision commonly known as a ‘judicial trigger.’ The inclusion of this provision meant that the law would be automatically enacted if and when the courts overturned Roe v Wade. If this draft opinion is adopted by the Supreme Court, then Roe v Wade would be overturned, state sovereignty would be restored, and Idaho” Fetal Heartbeat law would be enacted immediately, protecting the right to life.
Despite our agreements with the leaked draft opinion from the Supreme Court, it should worry every American how our judiciary is being weaponized for partisan politics. This “leak” from the court is a blatant attempt by Democrats to sway public opinion and influence our Supreme Court Justices. The preemptive release marks the first time in American history that a classified draft opinion from the court has been leaked to the public. It’s certainly not a coincidence, and all Americans should be concerned about the attempts to politicize the judiciary now and in the future.
Tom Luna is the chairman of the Idaho Republican Party.



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