That was then — this is now.
The leaked draft indicating the Supreme Court is poised to overturn Roe v. Wade triggered fury across the country this week... not least because each of the conservative justices had distinctly promised never to do so.
A video montage showing each of the right-leaning judges vowing at their respective Senate confirmation hearings to uphold the landmark 1973 decision is making the rounds on Twitter — and the clips have not aged well.
The footage, which stretches from Amy Coney Barrett's confirmation in October of 2020 all the way back to Clarence Thomas's in October of 1991, reminds the five Justices that they all insisted they would not mess with abortion law.
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View Story"I have no agenda to try and overrule Casey," Barrett told Dianne Feinstein at the time, referring to the 1992 Supreme Court decision in Planned Parenthood v. Casey, which maintained its predecessor. "I have an agenda to stick to the rule of law."
Also speaking to Feinstein at his confirmation hearing in 2018, Justice Brett Kavanaugh declared: "As a judge, it is an important precedent of the Supreme Court — by 'it' I mean Roe v. Wade, and Planned Parenthood versus Casey, been reaffirmed many times."
Neil Gorsuch was also questioned on the contentious issue when he was confirmed back in 2017 — and his answer was the same:
Five Republican Supreme Court justices have reportedly voted to overturn Roe v. Wade.
— Demand Justice (@WeDemandJustice) May 3, 2022 @WeDemandJustice
But when they were testifying at their Senate confirmation hearings, they all denied they were planning to do that. Watch --> pic.twitter.com/4TYgvdEUD3
"Roe versus Wade was decided in 1973, is a precedent of the United States Supreme Court, was re-affirmed in Casey in 1992, and in several other cases," he said. "So a good judge will consider, as precedent of the United States Supreme Court, worthy of treatment of precedent, like any other."
Samuel Alito — who wrote the leaked 98-page draft opinion that has now sparked protests around the country — was singing a different tune back at his confirmation hearing in January of 2006.
"Roe versus Wade is an important precedent of the Supreme Court; it was decided in 1973," he told the Senate. "The Supreme Court has reaffirmed the decision."
"When a decision is challenged, and it is reaffirmed — that strengthens its value."
Even Justice Clarence Thomas, seen as the most conservative on the bench, said he dared not mess with Roe v. Wade when he was confirmed in 1991.
"I believe the Constitution protects the right to privacy," he said of abortion law at the time. "And I have no reason or agenda to prejudge the issue."
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View StoryThe video was compiled by PAC Demand Justice, who seek to increase the number of seats on the right-leaning Supreme Court to restore ideological balance.
It concludes with a question posed to Justice Gorsuch: "What would you have done if Trump asked you to overturn Roe?"
"Senator — I would have walked out the door," he defiantly replies. "It's not what judges do."
Ever since Texas mom "Jane Roe" (real name Norma McCorvey) sued District Attorney Henry Wade, abortion has been legal in the United States... although many red states make having one as difficult as possible (such as allowing private citizens to sue anyone caught helping someone cross state lines to get an abortion.)
Overturning Roe v. Wade would allow each state to decide on its own abortion laws — almost guaranteeing it will quickly become illegal or strongly restricted in 26 states.
"Roe was egregiously wrong from the start," Justice Alito wrote in the leaked document — labeled "Opinion of the Court" — which was published by Politico. "We hold that Roe and Casey must be overruled."
"It is time to heed the Constitution and return the issue of abortion to the people's elected representatives."