WASHINGTON — A draft opinion circulated among Supreme Court justices indicates that earlier this year a majority of them had thrown sustain behind overturning the 1973 case Roe v. Wade that legalized abortion nationwide, according to a report published Monday night in Politico. It’s unclear if the draft represents the court’s final information on the matter.
The Associated Press could not closest confirm the authenticity of the draft Politico posted, which if verified marks a shocking revelation of the high court’s secretive deliberation course of action, particularly before a case is formally decided.
The news outlet published what was labeled as a “1st Draft” of the “Opinion of the Court” in a case challenging Mississippi’s ban on abortion after 15 weeks, a case known as Dobbs v. Jackson Women’s Health Organization.
The Supreme Court has however to issue a ruling in the case, and opinions – and already justices’ votes – have been known to change during the drafting course of action. The court is expected to rule on the case before its term is up in late June or early July.
The draft is signed by Justice Samuel Alito, a member of the court’s 6-3 conservative majority, who was appointed by former President George W. Bush.
“Roe was egregiously wrong from the start,” the draft opinion states.
“We keep up that Roe and Casey must be overruled,” it adds, referencing the 1992 case Planned Parenthood v. Casey that affirmed Roe’s finding of a Constitutional right to abortion sets but allowed states to place some constraints on the practice. “It is time to notice the Constitution and return the issue of abortion to the people’s elected representatives.”
The draft opinion in effect states there is no Constitutional right to abortion sets and would allow individual states to more heavily control or outright ban the procedure.
Politico said only that it 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.”
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