Roe v. Wade will stay in effect until an official opinion is issued. According to an extraordinary leak of a draft judgment prepared by Justice Samuel Alito, the Supreme Court is ready to overturn Roe v. Wade. Politico got a draft of the document that was drafted in early February.
It was unclear if it had been rewritten or altered. The document has not been verified or disavowed by the Court. According to experts, the leak might be an attempt to persuade a Supreme Court justice to modify his or her vote on the crucial issue.
Roe v. Wade remains the rule of the nation until the Supreme Court issues an official ruling. Votes, like drafts, circulate and alter. If Roe v. Wade is repealed, states will have to determine whether or not to allow abortions.
In the case Dobbs v. Jackson Women’s Health Organization, Justice Samuel Alito says in the document titled the “Opinion of the Court,” “We hold that Roe and Casey must be overturned.” “It’s past time to pay attention to the Constitution and restore the subject of abortion to the people’s elected representatives,” she says.
Alito points out that 30 states had active abortion restrictions throughout pregnancy at the time the Supreme Court approved Roe. He points out that Americans have “sharply opposing viewpoints” on the issue.
“Some people passionately believe that a human being is created at conception and that abortion terminates an innocent life. Others believe that any restriction of abortion infringes on a woman’s freedom to regulate her own body and inhibits genuine equality for women. Others in a third group believe abortion should be permitted in some but not all instances and members of this group have differing opinions on the specific limits that should be applied.”
The White House has been contacted by Fox News for comment. It is highly uncommon for a draft opinion in a Supreme Court case to be made public. Harvard law professor emeritus Jonathan Turley spoke on Fox News’ ‘Hannity’ Monday evening to examine the issue, saying he couldn’t think of a parallel in history.
"*" indicates required fields
Five of the original votes to overturn Roe has remained “unchanged as of this week,” according to Politico, although it did not say if they have all stated they will join the Alito opinion. According to the SCOTUS Blog, the leak may be intended to persuade a justice to change his or her vote.
“At least one appears to be undecided. As a result, what caused the leak? “The website that analyzes the Supreme Court sent out a tweet. “Those curious about who leaked the draft should consider why Alexander Ward, a national security reporter, shares the byline,” the SCOTUS Blog noted.
“The leaker would demand that their identity be kept very secret. Politico would not assign a reporter who was not required to cover the issue.” Senior writer Mark Hemingway of RealClearInvestigations speculated that the draft ruling was released as part of a public pressure effort to overturn the verdict.
Hemingway wrote on Twitter, “Leaking a draft opinion is a sleazy act aimed to raise public pressure on the court before the judgment is completed.” According to CNN’s Mike Valerio, Chief Justice John Roberts, who was chosen by previous President George W. Bush and is known for the following tradition, does not want to overturn Roe.
“Sources tell CNN that Roberts does not want to entirely invalidate Roe v Wade, which means he will reportedly dissent from Alito’s draft opinion, possibly with the court’s three liberals,” Valerio tweeted. “However, CNN has learned that Roberts is willing to uphold a Mississippi law prohibiting abortion after 15 weeks.”
States with Democratic legislatures have passed legislation codifying abortion in case Roe is overturned, ostensibly anticipating a similar move by the Court. Gov. Jared Polis, D-Colo., signed a bill making abortion a “basic right” and denying the unborn any rights. Gov. Andrew Cuomo, D-New York, signed a bill in 2019 that codified abortion rights while specifically eliminating protections for unborn children.
A law has been enacted in Connecticut’s legislature to challenge abortion restrictions in other states. Meanwhile, states with Republican legislatures have implemented abortion restrictions, with Texas and Idaho permitting private persons to sue those who aid or abet abortions when a fetal heartbeat is found, around 6 weeks of pregnancy.
While many polls indicate that Americans favor Roe, more in-depth polling indicates a more complex picture.
When asked whether they support restricting abortion to the first three months of pregnancy (22 percent), other limited circumstances such as rape and incest (28 percent), saving the mother’s life (9 percent), or not at all, 71 percent of Americans say they support restricting abortion to the first three months of pregnancy (22 percent), other limited circumstances such as rape and incest (28 percent), or not at all (12 percent ).
Only 17% of Americans believe abortion should be available throughout a pregnancy, while 12% believe it should be limited to the first six months.