THE Supreme Court could overturn Roe v Wade, according to a leaked legal document that branded the abortion ruling “wrong from the start”.
Protestors took to the streets of Washington DC following the news, with hundreds of pro-choice activists gathering outside the court building.
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The majority draft opinion, reportedly written by Justice Samuel Alito and obtained by Politico, rejects the 1973 decision guaranteeing constitutional protection of abortion rights.
Alito wrote: “Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences.”
The document stated: “Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion.”
Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett reportedly voted with Alito.
The three Democratic-appointed justices are reportedly working on filing amendments.
It’s not known how Chief Justice John Roberts will vote. If he votes with the majority, the ruling would be 6-3.
The opinion centers on the case of Dobbs v. Jackson, concerning a challenge to Mississippi’s 15-week ban on abortion.
Oral arguments were heard back in December, but the final opinion in the case isn’t expected until later this Spring or early summer.
The final opinion has not been released and votes and language are subject to change before opinions are formally released.
Abortion is still legal in all 50 states until the court makes an official decision.
Alito also supposedly referenced the 1992 decision of Planned Parenthood v. Casey, which upheld Roe v. Wade.
“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 constitution provision…”
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Alito reportedly labeled the document as the “Opinion of the Court”, writing “It is time to heed the Constitution and return the issue of abortion to the people’s elected representative.”
AMERICA REACTS
Minutes after the reports were leaked, barricades were set up around the Supreme Court building, according to photos posted on Twitter.
A crowd of people has gathered outside the building, some sitting to perform a vigil while others got loud as arguments erupted.
However, the crowd eventually began to grow as protestors could be heard chanting “We will not go back.”
Abortion rights supporters chanted “abortion is healthcare” outside the court.
Video shows Pro-Life and Pro-Choice protestors screaming in each other’s faces as the tension rose.
Speaker Nancy Pelosi and Senate majority leader Chuck Schumer said: “The Republican-appointed Justices’ reported votes to overturn Roe v Wade would go down as an abomination, one of the worst and most damaging decisions in modern history.”
Meanwhile, former first lady Hillary Clinton said: “This decision is a direct assault on the dignity, rights, and lives of women, not to mention decades of settled law.”
Former Harvard Law School professor and lawyer Alan Dershowitz spoke with Sean Hannity about the bombshell update on Fox News, proposing his theory that the draft was purposefully leaked.
Dershowitz suggested an insider was “trying to change the outcome of the case. Either by putting pressure on some of the justices to change their mind or by getting Congress to pack the court.”
Hannity said he found Dershowitz’s theory “plausible”.
The leaking of the document itself is unprecedented given the secrecy of the Supreme Court.
It’s unknown at this time how or who leaked the document.
The Sun has not confirmed the authenticity of the document. Politico says it has confirmed that the document was authentic.
The Sun has reached out to the Supreme Court for comment.
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