Per an extraordinary leak of a draft judgment prepared by Justice Samuel Alito, the Supreme Court is set to overturn Roe v. Wade.
Politico got a copy of the document that was drafted in early February. It was unclear whether it had been rewritten or altered.
The material has since been verified by the Supreme Court. According to experts, the leak could be an attempt to persuade a Supreme Court justice to modify his or her vote on a crucial case.
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Roe v. Wade is the rule of the land until the Supreme Court issues an official ruling. Votes, like drafts, travel and alter.
If Roe v. Wade is repealed, states will have to determine whether or not to allow abortions.
In the case Dobbs v. Jackson Female’s Health Organization, Justice Samuel Alito says in the paper titled the Court’s Opinion:
“We conclude that Roe and Casey must be toppled. It’s past time to pay attention to the law and restore the subject of abortion to the person’s elected officials.”
Alito points out that 30 states maintained active abortion bans during gestation at the time the Supreme Court approved Roe.
Right now: Barricades are up around the Supreme Court building, just minutes after reports from Politico were leaked indicating SCOTUS has voted to overturn Roe v. Wade. pic.twitter.com/LxR9rbs6TF
— Cami Mondeaux (@cami_mondeaux) May 3, 2022
He points out that Americans have “sharply opposing viewpoints” on the issue.
“Some people passionately believe a real being is created at birth and that abortion terminates an innocent person’s life.”
“Others believe any restrictions on abortion infringe on a woman’s freedom to regulate her own health and inhibit genuine equality for women.”
“Some in a third group believe abortion should be permitted in some, but not all instances. Members of this group have differing opinions on the specific restrictions which should be applied.”
The White House has been contacted by Fox News for comment. It is highly rare for a draft finding in a Supreme Court case to be made public.
“Those curious about who stole the draft should consider why Alexander Ward, a Homeland Security reporter, carries the byline,” the SCOTUS Blog noted.
Of course, as the great @jimrobenalt tried to point out during the wave of "unprecedented leak! End of world! Process over substance!" tweets last night… not only have SCOTUS decisions leaked early before but ROE V. WADE ITSELF leaked early: https://t.co/dhi5phOFD3
— Keith Olbermann (@KeithOlbermann) May 3, 2022
Staff writer Mark Hemingway of Real Clear Investigations speculated the draft ruling was released as part of the public pressure effort to overturn the decision.
Hemingway wrote on Twitter, “Leaking a draft verdict is a sleazy act aimed to raise mounting scrutiny against the court before the judgment is finalized.”
According to CNN’s Mike Valerio, Chief Justice John Roberts, who was chosen by previous President George W. Bush and is known for the following precedent, does not want to invalidate Roe.
“Sources tell CNN that Roberts does not want to entirely invalidate Roe v. Wade, which means he will apparently dissent from Alito’s draft opinion, possibly with the court’s three liberals,” Valerio tweeted.
“However, CNN has heard that Roberts is willing to uphold a Mississippi statute prohibiting abortion beyond 15 weeks.”