POLITICO has just provided a leaked preliminary draft ruling obtained by SCOTUS and written by Justice Samuel Alito which details the Supreme Court’s decision to overrule the Roe v. Wade decision that was made in 1973.
Within the draft Alito discusses the rejection of the Roe v. Wade decision, which had originally been passed to ensure federal constitutional security of abortion rights in addition to another case in 1992 Planned Parenthood v. Casey that secured those rights. “Roe was egregiously wrong from the start,” Alito writes.
“We hold that Roe and Casey must be overruled,” he writes in the document, labeled as the “Opinion of the Court.” “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
An insider revealed that four of the other Republican-appointed justices– Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett– were in agreement and voted with Alito in the conference held amongst the SCOTUS Justices after hearing oral arguments in December, which line-up stays the same since today.
“Roe was egregiously wrong from the start. 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.”
-Justice Samuel Alito in an initial draft majority opinion
On the other hand, the three Democratic-appointed justices– Stephen Breyer, Sonia Sotomayor and Elena Kagan– are in disagreement with the majority opinion among justices. As for Chief Justice John Roberts, his decision and vote are still up in the air.
If the Alito draft is embraced, it would rule in favor of prohibiting most abortions have 15 weeks of pregnancy.
Since the leak of the draft, a SCOTUS representative has declined requests to make another agent or comment of the court readily available in order to respond to concerns surrounding said file.
“POLITICO 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. The draft opinion runs 98 pages, including a 31-page appendix of historical state abortion laws. The document is replete with citations to previous court decisions, books and other authorities, and includes 118 footnotes. The appearances and timing of this draft are consistent with court practice.
The disclosure of Alito’s draft majority opinion – a rare breach of Supreme Court secrecy and tradition around its deliberations – comes as all sides in the abortion debate are girding for the ruling. Speculation about the looming decision has been intense since the December oral arguments indicated a majority was inclined to support the Mississippi law.”
Justice Alito concludes his historical decision saying,
“We end this opinion where we began. 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.”