The Supreme Court is expected to overturn Roe v. Wade, according to a draft of the court’s majority opinion that was leaked to the public and published online by media company Politico Monday evening.
“Roe was egregiously wrong from the start,” Justice Samuel Alito wrote in this draft. “Its reasoning was exceptionally weak and the decision has had damaging consequences.”
The decision seen in the draft is centered around a lack of reference to abortion in the Constitution which is stated to lead to no such right being protected by Constitutional provisions.
When Roe v. Wade was in the Supreme Court, 30 states still prohibited abortion at all stages. Then, states had the ability to set their own laws on the topic of abortion.
The decision made by the court in 1973 struck down the individual abortion laws of every single state.
In the draft, Alito said abortion must return to being a state issue decided by the people and their elected representatives. He acknowledges the important arguments made by both supporters of and those against abortion but claims supporters have failed to show the Supreme Court has the authority to decide abortion laws over the states.
On Tuesday the court released a statement saying the document published is an authentic report, but noted that the draft does not represent a final decision of the court or anyone involved with the case.
“To the extent this betrayal of the confidences of the court was intended to undermine the integrity of our operations, it will not succeed,” said Chief Justice John Roberts. “The work of the court will not be affected in any way.”
Roberts called for an investigation into the source of the leak.
While there have been leaks on decisions in the past, this is the first time in history a draft of the Supreme Court’s decision has been available to the public while the case was still pending in the court.
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