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.
It is important to note: No draft decision in the modern history of the court has been disclosed publicly while a case was still pending.
The document, labeled as a first draft of the majority opinion, includes a notation that it was circulated among the justices on Feb. 10. If the Alito draft is adopted, it would rule in favor of Mississippi in the closely watched case over that state’s attempt to ban most abortions after 15 weeks of pregnancy.
Justice Alito writes in an initial majority draft: "We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision....”
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 abortion rights. “
The immediate impact of the ruling 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.
In the 98-page opinion, Justice Alito alludes to the grown need for adoption amongst women in the United States. He writes: : “ ‘Safe haven’ laws, which generally allow women to drop off babies anonymously; and that a woman who puts her newborn up for adoption today has little reason to fear that the baby will not find a suitable one.” I guess he saying abortions shouldn’t be allowed because we have people in the United States that want to adopt babies.
A person familiar with the court’s deliberations said that 4 of the other Republican-appointed justices - Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett - had voted with Alito in the conference held among the justices after hearing oral arguments in December, and that line-up remains unchanged as of this week.
So, let me get this straight. The supreme court majority overturned abortion rights by relying on the concept that the “constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.”
So, does that mean the supreme court will rely on the same rationale to overturn gay marriage? What other rights are the courts going to take away? Let me know in the comment section.
Thanks for watching!
Read Justice Alito's initial draft abortion opinion which would overturn Roe v. Wade
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