There is a strong indication that the right to abortion in America is being eroded after five decades of protection. According to what appears to be an unprecedented leak from the Supreme Court, the Conservative majority has so far voted to overthrow Roe v. Wade50 years of precedent, and a woman’s right to choose in an expected but nonetheless shocking blow to reproductive rights in America. “Roe was terribly wrong from the start, ”Associate Justice Samuel Alitoa George W. Bush appointed, wrote in a draft majority decision in Dobbs v. Jackson Women’s Health Organizationwhich is obtained by Political late Monday. “Its reasoning was unusually weak and the decision has had detrimental consequences.”
“It is time to consider the Constitution,” Alito continued, “and return the issue of abortion to the elected representatives of the people.”
This is not a published ruling and the judges can still change their votes before the Supreme Court issues its final decision, which is expected to fall in June. Vanity Fair has not confirmed the authenticity of the draft opinion.
Prepared in February, Alito’s proposed opinion would kill 1973 Roe decision to protect the right to vote in America and 1992 Casey v. Planned Parenthood decision that mostly confirmed it. The opinion would effectively allow states to write their own abortion laws. “While abortion is still legal, tonight’s report makes clear that our deepest fears are coming true,” Planned Parenthood said in a announcement Monday evening. “We have reached a moment of crisis for access to abortion.”
“While this is a draft opinion and abortion is still legal, we need to prepare for a future where more and more people are being punished and criminalized for seeking and providing abortion care,” NARAL Pro-Choice America President Mini Timmaraju said in a statement.
Such a decision, which has not yet been confirmed, would be a major setback for reproductive rights in the United States. It would also represent a huge victory for the anti-abortion movement, which has been revived over the last half decade of the presidency of Donald Trumpwho took office with a promise to appoint judges who would overthrow Roeand the GOP management of Mitch McConnell, who has made a career-long project to reshape the judiciary. While Alito is a Bush nominee, three Trump nominees – Neil Gorsuch, Brett Kavanaughand Amy Coney Barrett Would help make it possible, along with George HW Bush-appointed Clarence Thomas. (Liberal minority of the Court – Stephen Breyer, Sonia Sotomayorand Elena Kagan – allegedly working on at least one dissent; it was not clear on Monday how the top judge John Robertsa Bush nominee would vote.)
Political, who first reported on Alito’s draft opinion, noted that the document could be subject to change. But if eventually passed, severe abortion restrictions will take effect in several states, including Texas and Florida. If decided, this statement will sustain Mississippi’s efforts to ban abortions after 15 weeks – and thus decimate Roe, which Alito describes in the document as a “very restrictive regime” that “effectively overthrew the abortion laws of every single state”, represented “the exercise of raw judicial power” and “triggered a national controversy that has fought our political culture for a half a century. “
“The Constitution does not prohibit the citizens of every state from regulating or banning abortion,” Alito concluded. “Roe and Casey acceded to this authority. We must now override these decisions and return that authority to the people and their elected representatives. “
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