Draft Opinion Overturning Roe v. Wade Won’t Have Ripples, Legal Experts Say – Bluzz.org
The Supreme Court has since confirmed the authenticity of the document, describing it as a work in progress. The draft opinion would not outlaw abortion, a procedure on which the U.S. Constitution is silent, but states could do so. When Roe was decided, 30 states still forbade abortion at all stages, the draft states. It remains unclear when the final version of the court’s opinion will be formally released by the court.
During oral arguments on Dec. 1, 2021, in Dobbs, the Supreme Court heard Mississippi’s call to reverse Roe v. Wade, a landmark 7-2 decision that held a woman’s right to an abortion was safeguarded by her right to privacy under the Fourteenth Amendment. At issue is the state’s Gestational Age Act, which allows abortions after 15 weeks’ gestation only for medical emergencies or severe fetal abnormality. Citing Roe, lower courts held that the state statute was unconstitutional.
The draft opinion, which has been welcomed by conservatives and constitutionalists, has become a lightning rod for the left. Well-funded abortion groups have mobilized protesters around the Supreme Court building, which increased its security to deal with potential threats, and there have been protests nationwide. As of press time, the White House had refused to condemn the unprecedented leak of the high court’s work product.
After Politico published its article, President Joe Biden said, “If the court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose.”
“And it will fall on voters to elect pro-choice officials this November. At the federal level, we will need more pro-choice senators and a pro-choice majority in the House to adopt legislation that codifies Roe, which I will work to pass and sign into law.”