Supreme Court police set up security barricades outside the U.S. Supreme Court in Washington.
Drew Angerer | Getty Images
The Supreme Court has ruled that Roe v. The Wade ruling is ready to overturn the constitutionally protected right to abortion, according to the initial draft of the new opinion obtained by Politico.
The draft was written by Judge Samuel Alito, at least by consensus Four other Conservative members of the Supreme Court.
“We believe Roe and Casey should be repealed,” Alito wrote in a 98-page draft decision on a strict new Mississippi abortion law, according to a report released by Politico on Monday night.
“The inevitable conclusion is that the right to abortion is not deeply rooted in the history and traditions of the Nation.”
“It’s time to dump her and move on.”
“Roe was very wrong from the start.”
Today, the decisions of the Supreme Court in Roe v. Wade and in a 1992 case, Planned Parenthood v. In Casey, abortion laws that restrict abortion before the point of viability of the fetus are banned, about 24 weeks of pregnancy, and are required by laws governing abortion. do not create “unnecessary burdens.”
But if the results of Alito’s draft opinion are officially published by the court within two months before the end of her term, individual states could limit when and how women can terminate their pregnancies without the federal courts having a say in their legality. rules.
While any state may allow abortions with or without restrictions, those led by conservative Republicans in the South and Midwest are likely to impose much stricter restrictions than those currently in force.
The Guttmacher Institute, which supports abortion rights, said in October that the Supreme Court had ruled in favor of Roe v. If Wade was weakened or repealed, 26 states are certain or likely to ban abortion.
The Oklahoma House on Thursday passed a bill that would be passed by Prime Minister Kevin Stitt, which will ban most abortions after about six weeks of pregnancy.
Justice Associate Samuel Alito attends the swearing-in ceremony for Secretary of Defense Mark Esper at the White House Oval Office in DC, Washington, on July 23, 2019.
Nicholas Kamm | AFP | Getty Images
Politico said Alito’s draft opinion was released to the judiciary in February, and three Liberal members of the tribunal, Stephen Breyer, Elena Kagan and Sonia Sotomayor, are writing their disagreements.
It is unclear whether there has been a change in Alito’s draft since it was first released.
The ruling by the Supreme Court in Alito’s draft would also be a huge victory for religious conservatives, as the Supreme Court has tried for decades to overturn decisions that make abortion a constitutional right.
Draft Supreme Court rulings are not surprising, and judges sometimes change their attitude in a case after a copy of a draft has been circulated among them.
Politico noted that “in the modern history of the court, no draft decision has been made public while a case was still pending.”
“The unprecedented revelation will intensify the debate over what was already the most controversial issue in this period,” Politico said.
The SCOTUSblog tweeted the Supreme Court news site: “It is impossible to give too much of an earthquake inside the Court to destroy the trust between the judiciary and the staff. This leak is the most serious, unforgivable sin.”
Politico’s executive editor, Dafna Linzer, wrote in an editor’s note that “after an extensive review process, we are confident in the authenticity of the draft.”
“This unprecedented view of the deliberations of the judiciary is news of great public interest,” he wrote.
A Supreme Court spokesman declined to comment to CNBC on the Politico report.
At the heel of the article, Republican lawmakers, whose party Roe v. He pushed for Wade’s repeal, condemned the leak of the draft opinion, and while the Democrats exploded the content of the verdict, which would be the basis of their party’s platform.
Republicans in their statements assumed, without proof, that the filter was someone who was against the verdict.
“The next time you hear the far left preaching how our Republican institutions and rules are fighting for care, remember how they leaked the Supreme Court’s opinion in an attempt to intimidate abortion judges,” tweeted Senator Marco Rubio, R-Fla. .
Senate Majority Leader Chuck Schumer and California House Speaker Nancy Pelosi said in a joint statement:
“The Republican-appointed vote to overturn Roe v. Wade would be disgusting, one of the worst and most damaging decisions in modern history,” Schumer and Pelosi said.
Alexis McGill Johnson, director general of the Planned Parenthood Federation of America, said in a statement in response to the report, “Let’s be clear: abortion is legal. It’s still your right.”
“This outrageous opinion is horrible and unprecedented, and it confirms our worst fears: that the Supreme Court is ready to end the constitutional right to abortion by repealing Roe v. Wade,” McGill said.
Alito’s draft judgment Dobbs v. Jackson came to the case of the Women’s Health Organization, a case based on a Mississippi law that would ban almost all abortions after 15 weeks of pregnancy.
The lower federal court blocked the law on the grounds that it violated the protections imposed by Roe and Casey’s decisions.
In an oral argument to the Mississippi Supreme Court in December, the three liberal justices expressed great fear about the consequences of the court’s reversal of decades of precedent over perhaps the greatest divisive part of American politics at the time it became the court. it was the pinnacle of controversy and low public approval.
“Will this institution survive the stench it creates in the public perception that the Constitution and its reading are merely political acts?” asked Sotomayor. “I don’t see how that’s possible.”
But Alito wrote in the draft statement that “the Constitution does not refer to abortion, and that right is not implicitly protected by the constitutional provisions, including what Roe and Casey’s defenders currently rely on – Due to the Fourteenth Amendment Procedure Clause.”
“The right to abortion is similar to the rights recognized by Roe’s advocates in past decisions on issues such as intimate sex, contraception, and marriage,” Alito wrote.
“But,” he continued, “abortion is fundamentally different, as both Roe and Casey acknowledge, because those decisions destroy what they called ‘fetal life’ and what the law before us now describes as ‘unborn man.’
Alito wrote the tradition known as stare decisis, or Roe v. Respect for court records like Wade, “does not compel Roe to adhere to the abuse of judicial authority.”
“Roe was very wrong from the start,” Alito continued in the draft.
“His reasoning was very weak, and the decision has had detrimental consequences. And far from bringing a national solution to abortion problems, Roe and Casey have sparked controversy and deepened the divide.”
“Abortion poses a profound moral question,” she wrote.
“The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion. Roe and Casey took pride in that authority. Now we are overturning those decisions and returning that power to the people and their elected officials.”
Alito’s draft predicts a reaction to overthrow Roe and Casey, though he rejects the idea of allowing him and other majority judges to vote on the issue.
“We cannot allow our decisions to be influenced by any external influences, such as the public’s concern about our reaction to our work,” Alito wrote in a Politico report.
“We don’t pretend to know how our political system or society will respond to the decision against Roe and Casey. And even if we anticipated what would happen, we wouldn’t have the power to influence that decision.”
Leaked Supreme Court draft abortion decision Roe v. It would invalidate Wade
Source link Leaked Supreme Court draft abortion decision Roe v. It would invalidate Wade