A draft of an opinion written by Justice Samuel Alito will overturn the court case that provided a woman’s right to an abortion: “We hold that Roe and Casey must be overruled,” Alito wrote according to a copy obtained by Politico.
“Roe was egregiously wrong from the start,” Alito writes. “Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”
While Roe has been in danger since the court was turned conservative by the machinations of Senate Republican Leader Mitch McConnell, the reality of its reversal will cause an upheaval in states, many of which have laws in place that would make abortion completely illegal if Roe were to be overturned.
The release of a draft opinion from the Supreme Court prior to the case’s decision being announced is thought to be unprecedented. While draft opinions are frequently circulated among the court, those have never been made publicly.
While the material confirms the majority of justices would vote to overturn Roe, the exact vote is unknown. Pundits have seen a clear 5-3 divide between the conservatives, strengthened by the additions of Kavanaugh and Barrett. The vote of Chief Justice John Roberts is believed to be on the fence.
The official decision from the Court is not expected to be released for another two months. The final opinion will be released at that point.
A move to wipe out abortion would likely galvanize liberals and pro-choice advocates to get out to the polls for the midterm elections as the sole way to legalize abortion in the United State legislatively.