Roe vs. Wade Overturned in Draft.

News | Frank Yang | May 2nd, 2022.

A 2018 Mississippi abortion law was brought to the Supreme Court under Dobbs v. Jackson Women's Health Organization. The law bans the option for an abortion operation after the first 15 weeks of pregnancy with no exceptions other than “a medical emergency or in the case of a severe fetal abnormality.” Cases of incestual conception or rape are not mentioned. The case was then argued by the Supreme Court in December of 2021, with a decision expected for public release a few months later.

On May 2, 2022, Politico released an internal leak of the initial draft of the decision for this case written by Justice Alito in February of 2022. This leak is unprecedented for the Supreme Court and is being criticized, as the final votes for the case are not yet finalized and can still be subject to change.

As of the night of the leak, the vote stands at a 5-3 decision, with Chief Justice John Roberts yet to vote. If this decision were to carry through, the rights guaranteed to women under the landmark Roe v. Wade case would be overturned. Rights for abortions would be determined on a state level and would not be protected under the federal law.

Abortion has been a highly contentious subject between the two major political parties. Despite this, a 2022 CNN survey meticulously designed to reflect American census figures demonstrated that 69% of the 1,000 surveyed adults would not like to see Roe v. Wade be overturned.

In the leaked draft, Alito writes, “Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences,” citing “deepened division” within Americans, despite an increasing number of countries moving to legalize abortion. Alito furthers that “The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions.”