According to a leaked draft of a majority opinion, the Supreme Court is poised to overturn the right to abortion in the United States. Thus, eroding over 50 years of constitutional protections.
Justice Samuel Alito wrote the draft which Politico acquired. The leaked draft of abortion was shared throughout the conservative-dominated court, according to the news source.
The 98-page draft majority judgment labels Roe v Wade. It established that the right to abortion in 1973, was “egregiously wrong from the start.”
“We hold that Roe and Casey must be overruled,” Alito writes in the document. It had the label “Opinion of the Court” and was published on Politico’s website. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
The Supreme Court of the United States ruled in Roe v. Wade that a woman’s right to abortion is protected by the Constitution.
Planned Parenthood v. Casey is a 1992 Supreme Court decision. It affirmed a woman’s right to an abortion until the fetus is viable outside the womb. It is usually about 22 to 24 weeks of pregnancy.
“The inescapable conclusion is that a right to an abortion is not deeply rooted in the Nation’s history and traditions,” Alito wrote.
Reproductive rights
In recent months, reproductive rights in the United States have become increasingly threatened as states have tightened restrictions. Some attempt to outlaw all abortions after six weeks when many women are unaware they are pregnant.
Right-wing politicians have started an assault on abortion. Democrats, led by President Joe Biden, are battling back to defend abortion access.
When the Supreme Court heard oral arguments in December regarding a Mississippi law that would prohibit most abortions after 15 weeks, the conservative majority looked to be leaning toward not just upholding the statute but also overturning Roe v. Wade.
The nine-member court is dominated by conservatives after former President Donald Trump’s nomination of three judges. It is likely to rule in the Mississippi case by June. As per Politico, four other conservative justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett voted with Alito. He is the author of the first draft of the majority opinion.
The three liberal justices on the court were working on dissent, according to the report. It was likewise unclear how Chief Justice John Roberts would vote in the end.
Crisis moment for abortion access
Politico highlighted that the document it got was a draft. Therefore, justices’ votes can change before the final decision.
The leak of the draft opinion, while the matter is still on the fence, is unusual. According to Politico, this is also the first time a draft opinion is out in public in contemporary history.
“The Court has no comment,” a Supreme Court spokesman stated when asked about the draft.
If Roe reverses, the Guttmacher Institute, a pro-choice research organization, claims that 26 states are “certain or likely” to restrict abortion.
Even if the Supreme Court overturns Roe v Wade, states that choose to do so may still be able to legally allow abortion.
The draft opinion, according to Planned Parenthood, which operates abortion clinics across the country, is “outrageous,” but it “is not final.”
In a tweet, Planned Parenthood stated, “Abortion is your right — and it is STILL LEGAL.”
“While abortion is still legal, tonight’s report makes clear that our deepest fears are coming true,” it added. “We have reached a crisis moment for abortion access.”
