A recent leak of a U.S. Supreme Court draft opinion shows an apparent reversal of the revolutionary 1973 abortion rights case Roe v. Wade. A link to the draft opinion appears below.
The draft opinion was written by Justice Alito back in February of 2022, and has been confirmed to be authentic. If the decision, when issued, stands in that manner, the opinion would potentially significantly alter women’s. The opinion reasons that the ruling in Roe v. Wade unjustifiably assumes abortion to be a broadly expressed right included in the constitution. Justice Alito states that this is because the interpretations of the common law relied upon are either irrelevant or just wrongly made.
Credit: Fred Schilling, Collection of the Supreme Court of the United States | https://www.supremecourt.gov/about/justices.aspx
The picture above illustrates the supposed vote of the 9 Justices of the Supreme Court, with green checkmarks representing those voting to overturn Roe v. Wade.
While this opinion would certainly open the door towards renewed controversy regarding abortion rights and restrictions, it is important to note that the draft opinion does not take any position whatsoever on the rights and restrictions that each state legislatively sets for its citizens. In fact, it reiterates more than once that those decisions belong to the various states, and that the elected state officials voted into office are the proper parties to put into place laws reflecting their position and beliefs. Because of this, it is widely believed that citizens of most states will not be affected by the potential decision, as they already have individual laws protecting abortion rights and regulating restrictions on those rights.
Circulating drafts of opinions between the Justices in the U.S. Supreme Court is common practice, and this marks the first time that a draft opinion has been leaked. The leaked opinion has provoked strong emotions from many, with protests all around the country, both for and against the potential ruling.
It is very important to note that no decision has officially been issued as of this date, and that the official ruling is expected sometime in June.