The leak corresponded to the Political site, which explained that it was made in early February. The outlet added that it is the first time in contemporary history that a draft opinion is revealed.
Reaction
“Although the document described in the briefs is authentic, it does not represent a decision of the Court or the final position of any member on the issues in the case,” Chief Justice John Roberts said in a statement. The magistrate added that the case is “pending” and this type of draft is part of the “routine and essential confidential deliberative work” of the court, currently with a conservative majority.
Roberts considered that this “betrayal of the Court’s confidences” will not succeed in undermining his integrity and his work and announced that he has requested an investigation to determine the origin of the leak.
“This was a unique and egregious violation of that trust that is an affront to the Court and to the community of public servants who work here,” he said.
extreme stress
In the midst of strong tension and fear of acts of violence, with applause from the Republican party and very harsh reactions from the Democratic ruling party, the United States Capitol Police reported that “we are working closely with our partner police agencies to prepare for any potential demonstration in the Supreme Court area, including sending additional officers to the area.”
The text of the draft cites the landmark decision in the case “Roe vs. Wade” of 1973 (see separate), which enshrined abortion as a constitutional right, and describes it as “appallingly wrong from the beginning”.
“We hold that Roe and Casey should be set aside,” conservative Justice Samuel Alito writes in the document, labeled “opinion of the court.” “It’s time to heed the Constitution and return the abortion issue to the elected representatives of the people,” he adds.
In a 1992 decision, Planned Parenthood v. Casey, the Court guaranteed a woman’s right to abort until the fetus is viable outside the womb, which usually occurs between 22 and 24 weeks of gestation. “The inescapable conclusion is that the right to abortion is not deeply rooted in the nation’s history and traditions,” Alito wrote.
Background
Reproductive rights have come under increasing threat in the United States in recent months, with conservative states moving to tighten restrictions.
In December, hearing oral arguments on a law in the southern state of Mississippi that could ban most abortions after 15 weeks, the court’s conservative majority seemed inclined not only to uphold the state rule, but to overturn the decision. from “Roe vs. wade”.
This nine-member body, dominated by conservatives after the nomination of three justices by former President Donald Trump, is expected to issue a decision in the Mississippi case next month, although Politico stressed that the document he obtained is a draft and that opinions could change until then.
The Guttmacher Institute, a research group that advocates for abortion rights, said it is “certain or likely” that 26 states will ban abortions if the “Roe vs. Wade” is annulled.
States that decide could continue to legally allow abortion even if the court annuls the case “Roe v. wade”.
Source: Ambito
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