What Supreme Court Leak Means for Roe v. Wade and Abortion

TThe landmark is being overturned by the Supreme Court Roe V. WadeAccording to the draft opinion, it is a decision to protect the right to abortion. Politico.

It is possible that the decision will change, which would likely occur by June’s end. However, if the draft opinion is accepted by the court as the final decision, it would end nearly 50 years worth of precedents and herald a new age of reproductive rights where the legal status for abortion will be decided individually.

Justice Samuel Alito wrote the draft opinion and it was published by PoliticoMonday night was a shocking breach of Supreme Court protocol and gave us the first glimpse at the highly-anticipated Supreme Court ruling. Dobbs v. Jackson Women’s Health Organization, This could be the biggest abortion case of all time in one generation.

Learn More Inside Mississippi’s Last Abortion Clinic—and the Biggest Fight for Abortion Rights in a Generation

Here’s everything you need to know about the draft opinion, the Supreme Court process and what would happen if Roe V. Wade This is a mistake.

What was the Supreme Court’s opinion? Roe V. Wade?

In the 98-page draft decision, Alito offered a harsh repudiation of the Supreme Court’s previous landmark rulings on abortion, including the 1973 case Roe V. WadeThe 1992 case was followed by the 1992 case Casey vs. Planned ParenthoodThe Supreme Court upheld the Constitutional Right to Abortion, as established in Roe. “Roe was egregiously wrong from the start,” Alito wrote. “Its reasoning was exceptionally weak, and the decision has had damaging consequences. This is far from leading to national resolution of the issue. Roe Casey have enflamed debate and deepened division.”

According to Politico, Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett—all Republican-appointed—had signed on to Alito’s opinion. Liberal Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan planned to dissent, Politico reported, and it’s unclear how Chief Justice John Roberts planned to vote.

“The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision,” reads the draft opinion. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

The opinion also states that the right to abortion is not protected by the 14th Amendment’s Due Process Clause, which guarantees some rights not mentioned in the Constitution and is the backbone of several other major Supreme Court rulings, including the legalization of same-sex marriage in Obergefell v. HodgesThe birth control right in Griswold v. Connecticut The criminalization and incrimination of anti-sodomy legislation Lawrence v. Texas. Alito said these rights have to be rooted in the nation’s history and tradition in order to be protected by the 14th Amendment.

“The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions,” Alito wrote, citing that abortion had once been a crime in every state. “RoeIt was ignored, or it was misinterpreted. CaseyRefused to reconsider Roe’s faulty historical analysis. It is therefore important to set the record straight.”

Is this the final draft?

It is nearly three months old. The early drafts for Supreme Court opinions are often changed long before the final decision.

A draft opinion circulated among justices is often weighed in by them and they may disagree with some sections. “It’s an iterative process,” says Melissa Murray, a law professor at New York University.

Some legal experts and abortion-rights activists believe the Supreme Court’s final verdict could be similar to the one published by Politico, given that the court’s conservative majority had previously signaled a willingness to dramatically curtail abortion rights based in their questioning during oral arguments in Dobbs.

However, the leaked draft opinion could have an impact on the final outcome. “Whether this is the actual judgment of the court I think remains to be seen, and it’s probably why we’ve gotten the leak,” says Murray.

What is the expected date for the final ruling?

Before its June term ends, the Supreme Court will make the final decision in the case.

Abortion is legal in all states until then.

What would happen if Roe V. WadeIs it overturned

If Roe V. Wade Upon its repeal, individual states would decide the legal status for abortion.

Abortion would likely remain legal in about half of U.S. states, but legislatures in at least 22 states—mostly in the Midwest and South—would almost certainly move to ban or substantially restrict access to abortion. While some women from these states will need to go across states to have the procedure performed, others might be able access abortion pills. Some Republican-led states, however, are trying to limit access.

Learn More Red States Aren’t Waiting for the Supreme Court’s Roe Decision to Push New Abortion Bans

The Center for Reproductive Rights is a global advocacy organization that tracks the state laws on abortion. These states have the potential to ban abortion, according to Center for Reproductive Rights. Roe Alabama, Arizona Arkansas Georgia Idaho Kentucky Kentucky Louisiana Mississippi Missouri Nebraska North Carolina North Dakota Ohio Oklahoma Pennsylvania South Carolina South Dakota Tennessee Texas Utah West Virginia Wisconsin and South Dakota were all overturned. Some groups that support abortion rights believe Florida, Montana and Wyoming should also be included in the list.

What are ‘trigger laws’?

So-called “trigger laws” were designed to make abortion illegal in states as soon as the Supreme Court allowed it.

These laws have been passed by 13 states so far. They will be effective immediately or swiftly by the state if necessary. RoeIt has been overturned. These are Arkansas, Idaho. Kentucky. Louisiana. Mississippi. Missouri. North Dakota. Oklahoma. South Dakota. Tennessee. Utah.

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