Inside The Supreme Court Draft Opinion That Would Overturn Roe V. Wade


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Late Monday evening (May 2), Politico revealed it had exclusively obtained a draft of an opinion written by Justice Samuel Alito that would effectively overturn the landmark Roe v. Wade decision, revoking the federal right to an abortion in the US.

The stunning document breached the Supreme Court's typical secrecy about its pending rulings. In it, Alito wrote that Roe "must be overruled" and that "the Constitution makes no reference to abortion and no such right is implicitly protected by any constitutional provision," while noting that he believes Roe was "egregiously wrong from the start."

It's important to note that Roe v. Wade has not been overturned and that the Supreme Court's decision in the matter is not expected until late June, multiple outlets reported.

Here's what else is inside the draft opinion. Read the full document here.

Chief Justice John Roberts doesn't appear to support overturning Roe

Photo: Getty Images

The draft opinion includes apparent support from five justices to overturn Roe: Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.

Sources familiar with the matter told CNN that Chief Justice John Roberts would not agree to completely overturn Roe, and would have dissented from part of Alito's opinion, siding with the Court's three liberal justices. Roberts, however, supports keeping the Mississippi law in place that bans abortion after 15 weeks. That case, Dobbs v. Jackson, had oral arguments in December with a final decision from SCOTUS expected in spring/summer.

The document argues the difference between the rights to same-sex marriage and abortion

Photo: Getty Images

Samuel Alito wrote out how the right to same-sex marriage would not be threatened by overturning Roe v. Wade –– a consideration abortion rights advocates have long warned about in this fight.

The difference between the two, according to Alito, is that "abortion destroys" potential life and should be left up to the states whether to permit abortions.

"This court cannot bring about permanent resolution of a rancorous national controversy simply by dictating a settlement and telling people to move on," Alito wrote.

"The inescapable conclusion," he added, " is that a right to an abortion is not deeply rooted in the Nation's history and traditions."

Roe has been a law for 50 years but Alito said the legislation was on a "collision course" with the Constitution "from the day it was decided."

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