The United States Supreme Court is about to overturn the landmark Roe v. Wade ruling in 1973. In fact, an initial draft majority opinion written by Justice Samuel Alito is currently making the rounds.
If this proves the case, the ruling ends a nearly 50-year decision that gave American women the right to abortion.
Supreme Court to Strike Down Roe v. Wade
Alito’s draft, which represents the majority opinion, contains a full repudiation of the landmark 1973 decision. Roe v. Wade guaranteed federal constitutional protection of abortion rights.
A subsequent 1982 decision, Planned Parenthood v. Casey, reinforced that right. Once the SC adopts Alito’s draft, it would rule in favor of Mississippi.
The state is currently petitioning the courts to allow them to ban most abortions after 15 weeks of pregnancy. Also, the SC earlier heard oral arguments for Dobbs v. Jackson Women’s Health last December.
Meanwhile, Alito sought to remove these protections in his majority opinion, which was labeled “the Opinion of the Court”. “Roe was egregiously wrong from the start,” Alito wrote.
“We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
All Signs Point To Roe v. Wade Being Overturned
However, the draft opinion can still change, Alito’s document seems to confirm the coming demise of Roe v Wade. The eventual ruling virtually ends the half-century federal guarantee on abortion rights. It then transfers the responsibility of setting abortion rights to each state.
Currently, it remains unclear if the draft will end in its current state. Even as opinions float, some Justices can choose to change their minds.
The court’s final say remains unknown until an official publication comes out. In this case, experts see the decision to come out within the next two months.
Roe v. Wade Among Most Controversial Cases
Prior to Alito’s document leak, the Supreme Court rarely allows draft opinions to circulate freely. This early edition will just intensify the already-hot debate between pro and anti-abortion activists.
In addition, the draft opinion also provides a rare glimpse into how the Supreme Court operates within the last fifty years.
Many legal experts predicted that the current conservative majority is taking a slow, deliberate approach. They will hack away at abortion rights without needing to overturn Roe v. Wade. However, Alito’s opinion shows that the SC will deal with abortion rights once and for all by overturning the existing ruling.
Republican Justices Outnumber Democrat Judges
An anonymous source familiar with the proceedings says that four Republican-appointed justices voted with Alito. These are Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. They voted to overturn Roe v. Wade after hearing oral arguments last December.
Meanwhile, only Democrat-appointed judges were left to dissent. These are justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan.
In fact, sources say they are working on one or more dissenting opinions. Meanwhile, Chief Justice John Roberts will also likely dissent, which leaves the Conservatives winning 5-4. It remains unknown if Roberts will join an opinion, or write his own.
Watch the NewsNation news video reporting that the US Supreme Court will overturn Roe v Wade:
Do you support or oppose abortion rights? Also, will the overturning of Roe v Wade help or harm your stand?
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