The Supreme Court has drafted an opinion that would overturn Roe. v. Wade.
The Supreme Court has drafted a majority opinion to overturn Roe v. Wade, the landmark decision which guarantees the right to an abortion by the federal constitution. The draft, written by Justice Samuel Alito, was leaked by Politico in a rare breach of confidentiality for the court.
“The Constitution makes no reference to abortion and no such right is implicitly protected by any constitutional provision,” Alito wrote, adding that the original decision was “egregiously wrong from the start” and that its reasoning was “exceptionally weak, and the decision has had damaging consequences.”
Being a majority opinion, there are at least five votes in support of the ruling; however, the court isn’t expected to hand out its official opinion until June and the exact wording and vote intentions stand to change beforehand. Politico reports that, in addition to Alito, justices Amy Coney Barrett, Neil Gorsuch, Clarence Thomas, and Brett Kavanaugh will vote to shoot down Roe v. Wade.
According to a CNN poll from earlier this year, just 30% of Americans support the Supreme Court overturning Roe vs. Wade, with 69% opposed.
The Court’s draft also rejects the Planned Parenthood v. Casey decision in 1992, which strengthened Roe.
Without Roe v. Wade, it will be up to states to decide the legality of abortion, and it would immediately become illegal in at least 13 states with likely more to follow suit.
“The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions,” Alito wrote.
The Roe v. Wade decision was made in 1973 and has protected the right to have an abortion for the last 49 years.