Politico obtained the draft majority opinion written by Justice Samuel Alito in February showing that the Supreme Court will likely strike down the landmark Roe v. wade decision. The other 5 conservative justices that were appointed by Republican president’s were in agreement with the decision that skewers Roe v Wade and the 1992 Planned Parenthood vs Casey decisions.
If this draft decision passes, which it could not, then the federal right to abortion will be removed and it will be left up to officials in each state to decide if women should have access to abortions and what the laws surrounding those abortions looks like. Eighteen states have already put laws restricting abortions on the books.
“We hold that Roe and Casey must be overruled,” Alito wrote in the draft. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
“Roe was egregiously wrong from the start,” said Alito in the opinion. “We hold that Roe and Casey must be overruled.”
According to Politico, four other justices besides Alito are in favor of the draft: Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Every one of them were nominated by Republicans.
The draft is titled “opinion of the court” and has sent shockwaves through Washington D.C. and is likely to play a major role in the upcoming midterm elections. Some Democrat lawmakers are already arguing that they will codify the federal legal right to abortion into law. Meanwhile, Republicans are calling on federal authorities to hunt down the leaker responsible.
On Monday night, the Supreme Court building was barricaded in anticipation of protests for and against the decision and activists quickly swarmed the buildings as they were watched by Security.
The draft document is not a final court ruling and it could still be changed and many times the documents are circulated by a single justice with the goal of convincing other justices to join their side. This is believed first time in history that a draft has been leaked and many Republicans are saying that it is an obvious attempt to pressure the court publicly on the decision.
Biden has issued a statement on the matter and vows to work with elected officials to pass pro-choice legislation to combat it.
California Governor Gavin Newsom says that he plans to codify abortion into law and “enshrine the right to choose” in the state. Sen. Josh Hawley said that the court’s decision “must be overruled” while Congresswoman Lauren Boebert chimed in to say that it’s time to “pray for the 5.”
Meanwhile, AOC and Bernie have called for Roe V Wade to be codified into law.
Let us know your opinion on this draft decision below. Do you agree with it or not?