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Leaked Draft Opinion Indicates Supreme Court Has Voted Down Roe V. Wade by Eric Lutz

Justice Samuel Alito describes the landmark 1973 ruling as “egregiously wrong” in a draft of a majority opinion obtained by Politico in an unprecedented leak. 

‘Cruel And Harmful’: Cecile Richards On SCOTUS Draft Opinion To Overturn Roe V. Wade

Cecile Richards, former President of Planned Parenthood, joins MSNBC’s Lawrence O’Donnell to discuss a Supreme Court draft opinion overturning Roe. v. Wade published by POLITICO. Richards tells O’Donnell, the “willingness to trade-off women’s rights for people’s own political views is sickening.” Michele Bratcher Goodwin and Dahlia Lithwick also join the conversation.

The Supreme Court has voted to strike down the landmark Roe v. Wade decision, according to an initial draft majority opinion written by Justice Samuel Alito circulated inside the court and obtained by POLITICO.

The draft opinion is a full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights, and a subsequent 1992 decision – Planned Parenthood v. Casey – that largely maintained the right. “Roe was egregiously wrong from the start,” Alito writes.

“We hold that Roe and Casey must be overruled,” he writes in the document, labeled as the “Opinion of the Court.” “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

WASHINGTON, DC – MARCH 07: House Appropriations Committee’s Financial Services and General Government Subcommittee ranking member Rep. Tom Graves (R-GA) talks with U.S. Supreme Court Associate Justice Samuel Alito after he testified about the court’s budget during a hearing in the Rayburn House Office Building March 07, 2019, in Washington, DC. Members of the subcommittee asked the justices about court security, televising oral arguments, and codes of ethics for the court. (Photo by Chip Somodevilla/Getty Images).

Deliberations on controversial cases have in the past been fluid. Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading, sometimes until just days before a decision is unveiled. The court’s holding will not be final until it is published, likely in the next two months.

The immediate impact of the ruling as drafted in February would be to end a half-century guarantee of federal constitutional protection of abortion rights and allow each state to decide whether to restrict or ban abortion. It’s unclear if there have been subsequent changes to the draft.

No draft decision in the modern history of the court has been disclosed publicly while a case was still pending. The unprecedented revelation is bound to intensify the debate over what was already the most controversial case on the docket this term.

The draft opinion offers an extraordinary window into the justices’ deliberations in one of the most consequential cases before the court in the last five decades. Some court-watchers predicted that the conservative majority would slice away at abortion rights without flatly overturning a 49-year-old precedent. The draft shows that the court is looking to reject Roe’s logic and legal protections. To read more go to the link below:

https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473

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