EXCLUSIVE: Legal Expert Says Leaked SCOTUS Opinion’s Constitutionality is ‘Unquestionably Correct’


roe v wade being overturned
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Exclusive: “This decision removes the U.S. government from the patient’s room,” said Mike Davis, president and founder of The Article III Project (A3P), concerning the recently leaked SCOTUS opinion, explaining the importance of handing the abortion debate back to the states.  “That’s how a constitutional republic works.”

Ever since a U.S. Supreme Court draft opinion indicating the repeal of Roe v. Wade was leaked, a massive controversy has exploded.  On one side, pro-lifers hope for an end to federally legalized baby murder and a return to a more constitutional federalism, allowing the states to decide the abortion issue.  On the other side, pro-abortion leftists scream hysterically that their fundamental rights are being wrecked.  Even prominent politicians like Sen. Elizabeth Warren and House Speaker Nancy Pelosi have tried to claim that abortion is a right protected by the US Constitution.

In fact, however, Roe v. Wade was unconstitutional — the 14th Amendment forbids taking away a person’s life except by “due process of law,” impossible with unborn babies.  The Article III Project Founder and President Mike Davis explained the true constitutional standing of Roe and the recently leaked draft opinion in exclusive comments to Rogue Review’s Washington Bayonette.

“In 1973, a majority of Supreme Court justices in Roe v. Wade simply invented federal preemption of abortion regulations in America, which each of the states decided for the previous nearly 200 years,” Davis began. “Roe v. Wade was a lawless power-grab and legislation from the bench by unelected justices. The last nearly 50 years have proven that it is clearly wrong, legally indefensible constitutional mush, which has unnecessarily federalized abortion policy and divided Americans.”

Something needs to change, and the new draft opinion—if it becomes official—could be the catalyst.  “Returning abortion regulations to the states is unquestionably the correct move for the Supreme Court,” Davis stated.

“This decision removes the U.S. government from the patient’s room, a place where they should never have been in the first place.” Davis concluded, “As a result of this decision, states will still have the right to decide their own abortion regulations—demonstrating the power of federalism that is often lost as the federal government grows in scope and size. That’s how a constitutional republic works.”

Mike Davis leads A3P, the Internet Accountability Project (IAP), and the Unsilenced Majority.  Davis is a former civil litigator who has served in all three branches of the US federal government, including for Supreme Court Justice Neil Gorsuch and as an advisor to Sen. Chuck Grassley.

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