Document leaked from the US Supreme Court indicating the high court is poised to overturn Roe V Wade.
The draft opinion, received by POLITICO from a person familiar with the court’s proceedings, is a rejection of the 1973 decision which guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision – Planned Parenthood v. Casey. “Roe was egregiously wrong from the start,” said original writer Justice Samuel Alito. “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.” Political figures across the nation have been reacting since the leak, including President Joe Biden who posted a statement earlier today.
While this leak is still a draft with no set rulings determined yet by the Supreme Court, deliberations on controversial cases have in the past been fluid. Court Justices can and sometimes do change their votes as draft opinions circulate, and major decisions can be subject to multiple changes and vote-trading, sometimes until just days before a decision is unveiled. The court’s holding will not be final until it is published, which will likely be in the next two months - no official ruling has been set as of today.
The draft opinion offers a look into the justices’ deliberations in one of the most controversial cases before the Supreme Court in the last five decades. The draft shows that the court is contemplating rejecting Roe’s logic and legal protections.
The draft opinion in total is 98 pages, including a 31 page appendix of historical state abortion laws. The appearances and timing of this draft are consistent with court practice.