Roe vs Wade: Supreme Court leak indicates states may decide abortion


In a shocking turn of events, there has been a U.S. Supreme Court leak that indicates that the court may be poised to hold a vote to overturn Roe v. Wade.  The 1973 Roe decision legalized abortion nationwide. 

This is an unprecedented leak from the now conservative-majority Supreme Court. In the past, the court prided itself on keeping its internal deliberations secret.

The original Roe v. Wade decision is underpinned by the US Constitution which recognizes the right to personal privacy and extends to protect a woman’s ability to terminate her pregnancy.

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In 1992 a Supreme Court ruling in the case of Planned Parenthood of Southeastern Pennsylvania v. Casey reaffirmed abortion rights. And prohibited state laws from imposing an “undue burden” on abortion access. This brings into play states’ rights. 


Supreme court leak of Alito opinion

In the last decade, several Republican-led states have passed various abortion restrictions. And the intention was to test the 1992 Roe precedent.

In December, the state of Mississippi asked the justices to overturn both the 1973 and 1992 rulings. And Alito’s draft opinion seems to adopt the Mississippi arguments. 

After an initial vote among the justices following an oral argument, Justice Samuel Alito was assigned to write the draft of the majority opinion. It is then circulated to all the justices.

According to an initial leaked draft “Roe was egregiously wrong from the start,” conservative Justice Samuel Alito wrote in the February 10th draft opinion.

Based on Alito’s opinion, Roe v. Wade that was “wrongly decided” because the U.S. Constitution makes no specific mention of abortion rights.

“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion,” Alito said in the Supreme Court leak.

After an initial vote among the justices following an oral argument, one is assigned the majority opinion and writes a draft. It is then circulated among the justices.

Alito’s draft opinion seems to adopt the Mississippi arguments. 

Abortion divides America

This news comes about 6-months before the mid-term elections in November. The Democrats are trying to hold on to their majorities in the Senate and the House. In the meantime, Democrat President Joe Biden struggles with low polling numbers. 

In the US, abortion is a highly divisive issue. And it is largely divided along political lines. 

If Roe is overturned, abortion may still remain legal in Democrat states. More than a dozen liberal states have laws protecting abortion rights. 

The battle lines are drawn. Republicans and pro-lifers could now try to ban abortion nationwide. And Democrats could attempt to enact abortion rights on the Federal level.

The Supreme Court leak has already caused widespread fallout and protestors have taken to the streets across the country. And the Supreme Court is dealing with both the leak and protestors in front of the building.