“The Constitution does not prohibit citizens from prohibiting abortion,” says Alito. “Roe and Casey arrogated that authority. We now overrule those decisions.”
A majority of U.S. Supreme Court justices have reportedly voted for a preliminary draft of a ruling striking down Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, Politico has reported.
“A right to abortion is not deeply rooted in the Nation’s history and traditions,” wrote Justice Samuel J. Alito in a draft majority opinion. According to Politico, which broke the news May 2, Alito was joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Chief Justice John Roberts reportedly has not decided how to vote on the case, Dobbs v. JacksonWomen’s Health Organization, which was argued in December.
“The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion,” Alito’s alleged draft says. “Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.”
A leak about a vote by the Supreme Court is highly unusual. Politico said it received a copy of the draft opinion from a “person familiar with the court’s proceedings … along with other details supporting the authenticity of the document.”
In fact, one of the United States’ leading pro-life organization was skeptical of the report, saying the leak was meant to corrupt the court’s process in coming to a legitimate decision.
“March for Life will not be providing comment on an official decision of #scotus possible leak until a decision is officially announced,” said Jeanne F. Mancini, president of March for Life, on Twitter.
“This leak was meant to corrupt the process,” Mancini tweeted. “It is heartbreaking that some abortion advocates will stoop to any level to intimidate the court no matter what the consequences.”