Brannon Howse and Trevor Loudon Respond Within Minutes of United States Supreme Court Draft Striking Down Roe V. Wade Being Leaked Online


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Brannon Howse: Breaking news, Trevor. Breaking news while we're on the air. This is historic. This is from Breaking news as we are on the air right now. Supreme Court has voted to overturn abortion rights. Draft opinion shows we hold that Roe and Casey must be overruled. Justice Alito writes an initial majority draft circulated inside the court. This is huge. If this is accurate it’s likely leaked maybe by a liberal clerk member. If this initial draft is indeed accurate, this is huge. But this is also, I believe, very dangerous. I'm being told by legal experts who I've been communicating with via my text. Many times, you guys see me poking on my phone, poking on my computer. I'm producing and involved in stuff constantly while this show is on the air live, getting the latest news.

And I've just received communication from one legal expert that this is a bad idea because it's not finalized until they announce their opinion. Could political pressure be brought to change their mind? Or again, I would say this, pray for the safety of the justices not only before but after the ruling. We should want no harm to anyone. Right? That's not how we roll. But the reality is, I'm being told by legal experts this is a problem. Political pressure could be applied to them to change their mind before it's announced, or God forbid, something happens. So, again, if this is true, this is huge news, but this is very unprecedented. I don't remember anything like this. Trevor, respond to this breaking news, please.

Trevor Loudon: Well, let's watch. You know, it might be easy to suspect that some leftists leaked this to get it out there so that political pressure could be applied before the final decision is released. So, I agree. It's heartening news, but it's also disturbing that it's out there early because, as exactly as you say, the political pressure is going to come on big time right now. So, it'll be interesting to see how strong the justices stand on this. But it's very heartening on the face of it. I've got to say.

Brannon Howse: Here's what the draft report says at Politico that is circulating:

"At the time of Roe, 30 states still prohibited abortion at all stages. In the years prior to that decision, about a third of the states had liberalized their laws, but Roe abruptly ended that political process. It imposed the same highly restrictive regime on the entire nation, and it effectively struck down the abortion laws of every single state. As Justice Brown White aptly put it in his dissent, the decision represented the exercise of raw judicial power."

"We hold that Roe v Wade must be overruled. That the Constitution makes no reference to abortion and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely. The due process clause of the 14th Amendment. That provision has been held to guarantee some rights that are not mentioned in the Constitution. But any such right must be deeply rooted in this nation's history and tradition and implicit in the concept of ordered liberty." They cite the case on that one.

"Roe's abuse of judicial authority, Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have inflamed debate and deepened division. It's time to heed the Constitution and return the issue of abortion to the people's elected representatives. The permissibility of abortion and the limitations upon it are to be resolved like most important questions in our democracy, by citizens trying to persuade one another and then voting." Then it gives us more law.

This is again breaking news coming out while we are on the air right now. It's so new and so breaking that many, many news websites did not have it a few minutes ago when I checked their news sites. But we are now getting reports from Politico. The Supreme Court has voted to overturn abortion rights, the draft opinion shows.

But again, I'm being told by legal experts via text that this is dangerous because the decision has not been announced. Could political pressure be brought, and could there now be threats against the court? Something we obviously don't want to see and would pray for the safety of all the members of the U.S. Supreme Court. Courageous on their part. I don't know, did it say a majority? But of course, that wouldn't necessarily mean a 9 to 0 vote. But I wonder. Maybe they don't even know.

Trevor Loudon: It doesn't guarantee a 9 to 0 vote, more likely 4-5 or 6-3.

Brannon Howse: A person familiar with the court's deliberations said that four of the Republican-appointed justices, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, had voted with Alito in the conference held among the justices after hearing oral arguments in December and that the lineup remains unchanged as of this week. The three Democratic-appointed justices were Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

Oh, I see, now, why this is dangerous. According to the person, how Chief Justice Roberts will ultimately vote and whether he will join an already written opinion or draft his own is unclear. So right now, we've got Thomas Gorsuch, Kavanaugh, and Coney Barrett four, and then Alito is five. That's you're five and four right there, as you said, Trevor.

Trevor Loudon: With Roberts yet to come down. But Roberts tends to be very liberal on these issues.

Brannon Howse: But we've got the majority right now, 5 to 4, so it doesn't really matter.

Trevor Loudon: Yeah.

Brannon Howse: So, 5 to 3 and see how he comes out. Breaking news, big news. Any closing comment before I go to my next guest?

Trevor Loudon: No, just thanks for giving us the opportunity. I hope people out there will question the seminary in Memphis and get to the bottom of this. I think somebody has to be held accountable. I think really the president, Dr. Spradlin, has to explain his decision.

Brannon Howse: Absolutely. Thank you, Trevor. I appreciate your courage and all you stand for.

Trevor Loudon: Thank you, sir. Thanks for having me on, Brannon.

Brannon Howse: You bet. Check out his website, folks.


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