A leaked Supreme Court draft opinion written by Justice Samuel Alito indicates that the court may be preparing to strike down the 1973 landmark Roe v. Wade decision that made abortion a constitutional right in America, according to a Politico report released Monday.
The 67-page document labeled a “1st Draft” of the “Opinion of the Court” is a complete rejection of Roe v. Wade and the subsequent 1992 decision of Planned Parenthood v. Casey, which affirmed the right to an abortion. The opinion would effectively eliminate abortion protections on a federal level and return the contentious issue back to the states.
“Roe was egregiously wrong from the start,” writes Alito, who was appointed by former President George W. Bush and is a member of the court’s 6-3 conservative majority. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
The opinion continues, saying: “Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.”
The daft opinion, written in February, could not be independently verified. Politico said it received “a copy of the draft opinion from a person familiar with the court’s proceedings in the Mississippi case along with other details supporting the authenticity of the document.”
A Supreme Court spokeswoman has declined to comment on the matter.
The issue before the court is a Mississippi law that virtually bans all abortions after 15 weeks. The court appeared sympathetic to the abortion ban during oral arguments in December.
The draft doesn’t necessarily represent the Supreme Court’s final decision and opinions often change during the drafting process. The court is expected to rule on the case in late June or early July.
A decision to overturn Roe v. Wade would almost immediately lead to bans or tighter restrictions on abortion in the South and Midwest. However, any state could still legally allow the procedure.
The disclosure of Alito’s opinion represents a rare breach of the court’s secret, behind-the-scenes deliberations on such a divisive issue. Hours after Politico published the draft opinion, elected officials reacted with anger and celebration.
The Democratic governors of at least 16 states, including California, North Carolina, New Mexico, and Michigan, vowed to keep abortion legal.
“Our daughters, sisters, mothers, and grandmothers will not be silenced,” Gov. Gavin Newsom of California wrote on Twitter. “The world is about to hear their fury. California will not sit back. We are going to fight like hell.”
California’s Democratic lawmakers vowed to “build a firewall” around abortion rights and announced plans to put a state constitutional amendment explicitly guaranteeing the right to an abortion on the November ballot.
Gov. Kathy Hochul of New York said she was “horrified” by the draft opinion and said her state would welcome “with open arms” women who don’t have access to legal abortions.
Republican leaders praised the draft opinion.
Gov. Kristi Noem of South Dakota wrote, that she would “immediately call for a special session to save lives and guarantee that every unborn child has a right to life” if the court overturns Roe v. Wade.
Alabama Gov. Kay Ivey said her state will “continue fighting for the unborn.”
“Tonight, let us say a prayer for life and that our justices remain steadfast in their convictions,” she wrote on Twitter.
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