A draft written by US supreme court judge Justice Samuel Alito shows that the top court in the US may be poised to overturn the constitutionally protected right to abortion which was ensured by the US Supreme Court on January 22, 1973 through the Roe v. Wade ruling.
American news agency Politico leaked the draft opinion where justice Samuel Alito says that Roe and Casey must be overruled. He says that Roe was ‘egregiously wrong from the start’.
The draft leaked by Politico could not be independently verified by News18.
“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,” the draft opinion said. “Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division,” he further added.
The penning of the draft opinion comes at a time when the state of Mississippi is mulling to introduce a law which would ban almost all abortions after 15 weeks of pregnancy. The US federal courts blocked the law on the grounds that it violated the legal protections earlier.
It is also leaked at a time when Oklahoma governor Kevin Stitt is set to approve a law which ban most abortions after about six weeks of pregnancy.
Justice Alito said that it is time to return the issue of abortion to the people’s elected representatives. Once the court formally issued by the court before its term ends in about two months will allow individual states to set any restrictions on when and how a woman would terminate her pregnancy.
However, the report by Politico pointed out that justices change ‘their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading’ and it could last until the final days before the judgement is unveiled.
One of the outcomes of this ruling would mean that women living in states led by conservative Republicans in the Southern and Midwestern states of the United States would impose much stricter restrictions and would reduce the scope guaranteed by Roe and Casey judgments.