One of the largest leaks in recent political history — a recent history loaded with leaks — indicates that the Supreme Court is set to author an opinion that may overturn Roe v. Wade.
Politico obtained and independently verified the authenticity of the writing, which can be viewed by clicking here. The 98-page opinion was authored by Justice Samuel Alito and appears to be authentic.
The dates on the draft indicate that it was originally circulated in early February. The caveat on all of this is that votes and language can change before opinions are formally released to the public. Initially, the opinion for this case was not expected to be published until late June.
Videos by Rare
Videos by Rare
According to the draft, the court would overturn Roe v. Wade’s positioning of a federal constitutional right to an abortion, effectively reverting the law back to the state level.
Many view the opinion could shift the landscape of women’s reproductive health in America.
The published opinion was somewhat surprising since the discussion for the case at hand was not Roe v. Wade but rather Dobbs v. Jackson, which offered a challenge to Mississippi’s 15-week ban on abortion. The oral arguments for that case were heard on December 1, and the release of the final opinion was not expected until later this Spring or early summer.
A major takeaway from the ruling on Dobbs v. Jackson was the inclusion of commentary on Roe v. Wade.
In the draft, Alito wrote that Roe “must be overruled.”
He added, “The Constitution makes no reference to abortion and no such right is implicitly protected by any constitutional provision.”
Alito added that Roe was “egregiously wrong from the start” and that its reasoning was “exceptionally weak, and the decision has had damaging consequences.” Continuing that, “It is time to heed the Constitution and return the issue of abortion to the people’s representatives. That is what the Constitution and the rule of law demand.”
The opinion was met with obvious opposition as the area outside the Court was flooded with protestors responding to the leak.
“Hey, hey, ho, ho, Samuel Alito’s gotta go.”
“We will not go back.”
“Abortion rights are under attack, what do we do, stand up fight back.”
“Pack the courts.”
The ruling would mean that the five conservative justices could create a majority overturning Roe v. Wade with Alito and Justices Thomas, Gorsuch, Kavanaugh and Coney Barrett agreeing with the opinion.
On the liberal side, Roberts said he was willing to uphold the Mississippi law that would ban abortion at 15 weeks of pregnancy.
Currently government cannot interfere with a women’s choice to abort her child before 23 weeks, which is when doctors estimate that a fetus could live outside the womb.
The debate is only about to begin and it could start with finding where this leak came from.