The disclosure of a draft opinion in such a major case is unheard-of in modern times and has thrown the Supreme Court into turmoil as it faces a stunning breach of its traditionally secret deliberations. At the same time, it would represent a devastating defeat for liberals who sought to guard women’s right to choose the procedure against years of efforts to chip away at the ruling. Such a decision by the court would successfully culminate a decades-long movement by conservatives who argue that life begins at conception and that Roe invented a right that did not exist in the Constitution. “If the court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose,” President Biden said. The result would be a patchwork of different laws across the country, unless Congress steps in and sets a single national policy again. If the court follows through with some version of Justice Alito’s opinion, the constitutional right to abortion, first established by the court in 1973, would be negated and it would be left to the states to decide whether the procedure should be legal in their jurisdictions or not. Such drafts routinely change as they are traded among the justices, who offer suggestions, make objections and at times even change their votes, so it is conceivable that the final result may yet be narrower than Justice Alito initially envisioned.īut the disclosure of his draft made clear that a bedrock of American law for the last half-century could be on the verge of being reversed. was circulated among the justices in February with the support of at least five of the nine members of the court, but a final decision is not expected to be issued until June or early July. Polls have shown that most Americans support at least some form of abortion rights.
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Demonstrators in favor of abortion rights outside of the Supreme Court on Tuesday.