According to the draft leaked by Politico, the US SC may overturn the protected abortion rights granted under Roe V. Wade later this year.
The United States Supreme Court decided to overturn Roe vs. Wade, the 1973 landmark judgment that made ‘abortion’ a constitutional right for nearly 50 years. American Media company, Politico, leaked an initial draft opinion written by Justice Samuel Alito and supported by four other justices. It is considered the most extensive leak that could create unrest in the United States.
The leak has sent a shock wave through the United States and has questioned the court’s deliberation and pride in keeping the internal affairs and secrets. The decision could also affect America – legally, politically, and socially. The document labeled ‘First Draft’ of ‘Opinions of the Court’ read that “Roe was egregiously wrong from the start.”
Four of the other Republican-appointed justices – Neil Gorsuch, Brett Kavanaugh, Clarence Thomas, and Amy Coney Barrett voted to support Alito in the conference held among the justices. The leak of the draft comes at a time when the court is deciding on a Mississippi law that would ban abortion after 15 weeks of pregnancy. The federal court previously blocked the law because it violated earlier legal protection rights.
What is Roe V. Wade?
Roe was simply referred to as the case name, which involved a 22-year-old woman, Norma McCorvey. ‘Wade’ was Mr. Henry Wade, the defendant and the Dallas County (Texas) district attorney during that time. McCorvey sued Wade over the Texas law that stated abortion is a crime except in cases of rape or when a mother’s life is in danger.
Her doctor James Hallford supported her and argued that the medical law provision was vague, and he himself couldn’t determine which would be the right time to perform an abortion. Another couple ‘childless’ also filed a complaint stating that even though medical risks made it unsafe, it wasn’t life-threatening. The trajectory of complaints ultimately reached the nation’s top court.
After two hearings, the court awaited to decide on Republican President Richard Nixon’s re-election in November 1972. Finally, in January 1973, the court decided to allow abortion performed before a fetus would be viable outside the womb, i.e., between 24 to 28 weeks of pregnancy.
In a 1992 hearing of Planned Parenthood of Southeastern Pennsylvania v. Casey, the SC reconfirmed the abortion rights and laws and prohibited any ‘undue burden’ on abortion access.
Current Scenario:
Alito stated an opinion in both the cases that the decision was wrong because the US Constitution has not mentioned any legal abortion rights. If Roe is overturned, it will mark one of the most global instances in the history of the US. Twenty-six state citizens will face this ban, and Court, after its hearing, will return the right of abortion to the people’s elected representative. Democrats said that the draft undermined the agenda of this year’s election in which they sought to control the House and Senate.
Anticipating the over-turn in Roe’s judgment, eight conservative states have already moved to restrict and change abortion rights. Oklahoma Governor is also set to approve a law that bans abortion after six weeks of pregnancy.
Of the twenty-six states, 22 have nearly total bans on the book currently blocked by Roe, except for Texas. Four more states are also likely to ban abortion if Roe is overturned. Meanwhile, sixteen states and the district of Columbia have protected access to abortion law in the state.
According to the majority opinion collected by Politico, “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” Many experts have opinionated that if Roe overturns, it would be a massive risk for women, mainly from low-income groups.
Published by – Mohit Maurya
Edited by – Dhannyaa Menon
