The United States Supreme Court has voted to strike down the landmark Roe vs. Wade decision, according to a new document leak.
Politico obtained a copy of a draft majority opinion written by Justice Samuel Alito that overturns Roe and the 1992 decision on Planned Parenthood v. Casey.
“Roe was egregiously wrong from the start,” Alito writes.
“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.”
“Roe was egregiously wrong from the start,” he continues.
“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 enflamed debate and deepened division.”
“The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions,” Alito writes.
The Supreme Court appears to plan to fully overturn Roe v Wade, according to an initial draft majority opinion written by Justice Samuel Alito obtained by @politico.
Read more, including the draft itself, here:https://t.co/AqcjlEMapo
— Kate Smith (@byKateSmith) May 3, 2022
CBS reporter Kate Smith said: “SCOTUS experts: Have you ever seen a leak like this?
“This feels unprecedented.
“Answer, from the article: ‘No draft decision in the modern history of the court has been disclosed publicly while a case was still pending.’
“The unprecedented revelation is bound to intensify the debate over what was already the most controversial case on the docket this term.”
A person familiar with the court’s deliberations said that four of the other 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 line-up remains unchanged as of this week.
The three Democratic-appointed justices – Stephen Breyer, Sonia Sotomayor, and Elena Kagan – are working on one or more dissents, according to the person.
How Chief Justice John Roberts will ultimately vote, and whether he will join an already written opinion or draft his own, is unclear.
The document, labeled as a first draft of the majority opinion, includes a notation that it was circulated among the justices on Feb. 10.
If the Alito draft is adopted, it would rule in favor of Mississippi in the closely watched case over that state’s attempt to ban most abortions after 15 weeks of pregnancy.
A Supreme Court spokesperson declined to comment or make another representative of the court available to answer questions about the draft document.
— Matthew Kaminski (@KaminskiMK) May 3, 2022