Leaked Draft Shows Supreme Court Preparing to Repeal Roe v. Wade
Roe v. Wade, the historic 1972 Supreme Court case that codified every woman’s right to access an abortion, is likely under threat according to a draft opinion leaked from the Supreme Court.
According to a leaked draft of a new majority opinion obtained by Politico, the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization would overturn Roe v. Wade and, in the words of Justice, “return the issue of abortion to the people’s elected representatives.”
On Tuesday, Chief Justice John Roberts confirmed that the draft is authentic and the court will be overturning Roe v. Wade.
This opinion drafted by Justice Alito raises concerns for many. One part of the opinion reads, “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 constitutional provision[…].” While true, this also puts a shadow over other extremely important cases that the Supreme Court has ruled on.
Alito’s opinion hinged on the fact that abortion was not mentioned in the due process clause of the 14th Amendment. The decision bears a striking resemblance to Plessy v. Ferguson, the landmark case that decided racial segregation was legal under the Constitution. Plessy v. Ferguson is considered one of the worst Supreme Court decisions in history by many legal scholars and historians. Like Justice Alito’s recent decision, it was also because the 14th Amendment did not refer to segregation.
Alito has previously criticized the decision made in Plessy v. Ferguson, which is ironic considering this decision is based on its precedent.
According to an article from Politico, Alito was joined by four other justices in this decision: Clarence Thomas; Neil Gorsuch; Brett Kavanaugh; and Amy Coney Barrett.
Roe v. Wade is one of the most impactful and wide-reaching Supreme Court decisions in history, and its overturning will impact people all across the country.
Earlier this morning, President Joe Biden released a statement. The statement began by saying it was unclear whether or not the draft was genuine, but it has now been confirmed by Chief Justice Roberts.
President Biden’s statement went on to say, “I believe that a woman’s right to choose is fundamental, Roe has been the law of the land for almost fifty years, and basic fairness and the stability of our law demand that it not be overturned.
In Virginia, Democratic candidates for the General Assembly have already begun sharing their opinions on the matter. Former Del. Lashrecse Aird is running for State Senate against Sen. Joe Morrisey. Today, she took to Twitter to share her views and garner support for her campaign.
Rozia Henson, a candidate for Delegate in the newly drawn 19th House District, released a statement sharing his displeasure at the potential ruling.
“Here in Virginia, we had the opportunity to codify these protections and stand up for their right to choose, yet we consistently underutilize our majority and sell our people short,” said Henson. “We must codify Roe v. Wade and Reproductive Rights into law. If this recent decision has shown me anything, it is that the fight is only just beginning.”
This decision comes at a time when the country is fighting a culture war over reproductive rights. Across the country, Republican-controlled states have been fighting to restrict abortion rights in extreme ways for years, and without the protection of Roe v. Wade, those laws may finally come to full fruition, blocking women across the country from access to safe reproductive healthcare.