Crucially, until the final opinion is published, Roe remains the law of the land.
In what may be the first Supreme Court breach of its kind, a draft opinion by Justice Samuel Alito was leaked and published by Politico last night. It would overturn Roe v Wade. Here’s what we know.
What’s in the draft?
The 98-page report describes abortion as a “profound moral issue on which Americans hold sharply conflicting views.” It refers to the Roe v Wade decision, which confirmed a woman’s Constitutional right to an abortion free from undue government restriction in 1973, as “egregiously wrong,” adding: “its reasoning was exceptionally weak, and the decision has had damaging consequences.”
Alito’s opinion also disavows the landmark 1992 case Planned Parenthood v. Casey, which maintained the rights enshrined by Roe. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division,” he stresses.
In conclusion, Alito writes that “the Constitution does not confer a right to abortion,” adding that the court now returns “that authority to the people and their elected representatives.”
What happens now?
The draft opinion doesn’t reverse Roe yet, but if, when it’s formally released, the majority vote expressed within it remains unchanged, then it will end the 49-year legal precedent that protects abortion rights at the national level. The final version is expected to be published in early July. When it is, “trigger laws” in 22 states could make abortion illegal immediately per the BBC. According to Data For Progress, not one state has more than 30% support for a federal ban on abortion.
Speaking to Katie on Friday, lifelong social and political activist Gloria Steinem described how she’d feel if Roe was overturned: “First anger, because that means that female human beings are not gonna be equal citizens who have power over our own physical selves,” she said.
“Second, our understanding from history is that nothing but nothing can stop women from taking control of their bodies, which sometimes means having an abortion,” she continued. “The right to make decisions over our own physical self is the fundamental of democracy.”
Crucially, until the final opinion is published, Roe remains the law of the land.
How are our representatives reacting?
Reactions vary widely — and predictably — across the political aisle. Democratic Rep. Alexandria Ocasio-Cortez tweeted: “People elected Democrats precisely so we could lead in perilous moments like these- to codify Roe, hold corruption accountable, & have a President who uses his legal authority to break through Congressional gridlock on items from student debt to climate.
It’s high time we do it.”
Sen. Bernie Sanders expressed similar sentiments, writing: “Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW. And if there aren’t 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.”
House Speaker Nancy Pelosi released a statement in tandem with Senate Majority Leader Chuck Schumer, writing: “If the report is accurate, the Supreme Court is poised to inflict the greatest restriction of rights in the past fifty years – not just on women but on all Americans.”
GOP Sen. Ted Cruz tweeted: “If this report is true, this is nothing short of a massive victory for life and will save the lives of millions of innocent babies.”
J.D. Vance, a Trump-backed candidate in the Republican Ohio Senate primary tweeted: “Hope the news of the leaked opinion is true. Would be an amazing victory for the pro life movement and, most importantly, the innocents we fight for.”
Florida Gov. Ron DeSantis, former President Trump’s number one rival for the Republican 2024 presidential candidacy, hasn’t reacted publicly so far.
How are civil rights groups reacting?
The ACLU responded to the leak on Twitter, posting: “If the Supreme Court does indeed issue a majority opinion along the lines of the leaked draft authored by Justice Alito, the shift in the tectonic plates of abortion rights will be as significant as any opinion the Court has ever issued.”
The organization continued: “This opinion would deprive half the nation of a fundamental, constitutional right that has been enjoyed by millions, for over 50 years. The breach in protocol at the Court pales in comparison to the breach in constitutional freedoms that the Court is charged with upholding.”
The National Women’s Law Center wrote: “First: Abortion is still legal. The language in the draft opinion leaked from the Supreme Court is outrageous, irresponsible and shocking. Any Justice who signs onto this opinion is fueling the harm and violence that will happen to people who become pregnant in this country.”
