Draft suggests court to end Roe

Leaked opinion shows justices voted to reverse 1973 abortion ruling, report by Politico says

WASHINGTON — A draft opinion circulated among Supreme Court justices suggests that earlier this year a majority of them had thrown support behind overturning the 1973 case Roe v. Wade that legalized abortion nationwide, according to a report published Monday night in Politico.

It’s unclear if the draft represents the court’s final word on the matter.

The AP could not confirm the authenticity of the draft Politico posted, which, if verified, marks a shocking revelation of the court’s secretive deliberation process. The news outlet published what was labeled as a “1st Draft” of the “Opinion of the Court” in a case challenging Mississippi’s ban on abortion after 15 weeks, a case known as Dobbs v. Jackson Women’s Health Organization.

The court has yet to issue a ruling in the case, and opinions — and even justices’ votes — have been known to change during the drafting process. The court is expected to rule on the case before its term is up in late June or early July.

The draft is signed by Justice Samuel Alito, a member of the court’s 6-3 conservative majority, who was appointed by former President George W. Bush.

“We hold that Roe and Casey must be overruled,” the draft states, referencing the 1992 case Planned Parenthood v. Casey that affirmed Roe’s finding of a Constitutional right to abortion services but allowed states to place some constraints on the practice. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

The draft in effect states there is no Constitutional right to abortion services and would allow states to more heavily regulate or outright ban the procedure.