Draft opinion documents leaked on Monday night reveal that the Supreme Court is discussing the overturn of Roe v. Wade. Barricades have been raised around the Supreme Court building as a result of the leakage of Politico’s reports, in preparation for potential upheaval among America
Newsroom (May 4, 2022, 10:00 AM, Gaudium Press) The draft opinion was cited in a Monday news report, revealing that the Supreme Court will vote to overturn the watershed decision that constitutionalized the right to abortion throughout the country.
In the document obtained by Politico labeled “Opinion of the Court,” Associate Justice Samuel A. Alito Jr. states: “We hold that Roe and Casey must be overruled.” He goes on to write: “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
The report describes the Supreme Court’s opinion as “a full-throated, unflinching repudiation” of Roe v. Wade, which constitutionalized the right to abortion nationwide until 24-28 weeks of pregnancy. This stage of pregnancy was deemed to be the point of viability, at which the unborn child can survive outside of the womb. If Roe v. Wade is in fact overturned, each state would be left to individually decide on abortion law. Planned Parenthood v. Casey was a 1992 Supreme Court case that largely upheld Roe v. Wade.
“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe [v Wade] and [Planned Parenthood v Casey] arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” the draft decision states.
While the assertions in the draft decision hold hope and promise for pro-lifers, the genuineness of the document shared by Politico is still in question. A final decision will not likely be published until the end of June. Furthermore, the news report that cited the draft opinion stated that it is “unclear” if the first draft has been revised since its leakage.
The report also provides the names of the justices who joined Justice Alito in the majority opinion, among them Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Stephen Breyer, Sonia Sotomayor, and Elena Kagan are opposed to overturning Roe v. Wade, while the remaining justice, Chief Justice John Roberts, is still undecided on how he will vote.
In the draft opinion, Justice Alito writes that the constitution does not reference abortion and that “no such right is implicitly protected by any constitutional provision.”
Politico notes that if the draft is genuine, this marks the first time in the court’s modern history that a draft opinion has been leaked while the case is still unresolved. On the issue of the draft’s authenticity, SCOTUSblog, which reports on the happenings at the Supreme Court, tweeted that the draft is “almost certainly an authentic draft opinion.” On Monday, May 2nd, SCOTUSblog also tweeted: “It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff. This leak is the gravest, most unforgivable sin.”
There has been ongoing discussion among pro-lifers regarding if there is an ulterior motive behind the leakage of the draft opinion documents. However, this is only speculation.
Barricades have been raised around the Supreme Court building as a result of the leakage of Politico’s reports, in preparation for potential upheaval among Americans.
For now, Pro-lifers will continue to pray that the final Supreme Court decision rules to overturn Roe v. Wade, restoring the right to life in America.
Gaudium Press will continue to follow this developing story.
With information from Catholic News Agency.
Compiled by Sarah Gangl