According to a leaked early version of the majority opinion, the U.S. Supreme Court has now voted to declare Roe v. Wade unconstitutional, according to Politico.
According to Politico, a leaked majority opinion prepared by Justice Alito was published.
“The preliminary decision is an unwavering rejection of the 1973 ruling that guaranteed constitutional rights to abortion and a subsequent 1992 decision, Planned Parenthood v. Casey, which largely preserved the right,” according to Politico.
“Roe was outrageously incorrect from the beginning,” Alito states in his decision.
“We believe that Roe and Casey must be overriden,” he adds in the document, which is described as the Opinion of the Court. “The time has come to listen to the Constitution and return the abortion issue back to elected representatives of the people.”
“We conclude that the U.S. Constitution does not provide a woman with a constitutional right to an abortion. Roe and Casey must be invalidated, and the power to regulate abortion must be given back to the people and their officially elected representatives,” Alito adds in his document, which is known as the ‘Opinion of the Court.’”
Controversial cases have typically been subject to change in the past. Justices are sometimes permitted to alter their decisions as draft judgments go out and major rulings may be subjected to multiple drafts and vote trading, sometimes until just days before a decision is published. Until it is published, the court’s decision will not be definitive.
The proposed effect of the decision as initially written in February would be to eliminate a half-century guarantee of federal constitutional abortion rights and allow each state to decide whether or not to limit or prohibit abortions. It’s uncertain if there have been any modifications to the draft since then.
In the modern history of the court, there has never been a public drafting decision on a case that was still pending. The unprecedented revelation is certain to add fuel to the fire over what had previously been the most contentious case on the docket this term.
The draft decision provides an inside look at the justices’ debates in one of the most significant cases before the court in recent decades. Some legal analysts predicted that the conservative majority would weaken abortion rights without flatly overruling a 49-year-old precedent. The document reveals that the Supreme Court is attempting to eliminate Roe’s reasoning and legal protections.