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Roe versus Wade in danger

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Protesters outside the United States Supreme Court in Washington, DC, early Tuesday, May 3, 2022. Ting Shen/Bloomberg/Getty Images
  • A newly leaked document shows the U.S. Supreme Court will likely overturn Roe v. Wade in an upcoming decision.
  • Chief Justice John Roberts released a statement on Tuesday saying the project is genuine.
  • But he said that did not reflect the final decision of the United States Supreme Court.

A leak document published on Politico on Monday shows the U.S. Supreme Court may be on the verge of overturning Roe v. Wade in his landmark decision on Dobbs v. Jackson Women’s Health Organization this summer.

The document, a draft created in February, essentially asserts that there is no constitutional right to abortion.

If this draft reflects the court’s final decision, the federal right to a safe and legal abortion will end and each state will decide the legality of abortion.

The final decision is expected in June.

Chief Justice John Roberts issued a statement Tuesday saying the draft is genuine but does not reflect the court’s final decision.

Although the document is an early draft, legal experts believe it shows where the majority stands – and that Roe is likely to fall when the official decision is made.

Roberts called the leak a “gross breach” of the court’s trust and said the court’s final decision would not be influenced by the leak.

“I think he’s right – it’s a blatant breach of trust – and you have to get to the bottom of it,” Jared CarterFirst Amendment expert and professor at Vermont School of Lawtold Healthline.

An investigation into the leak will be launched this week.

Judge Samuel Alito, who authored the draft, wrote that the right to abortion is nowhere enshrined in the constitution – which Carter said is a problematic form of analysis – and that the right to Abortion is not part of the history of our country. and traditions.

Alito also pointed out that, historically, states have banned abortions in the United States and that Roe, at the federal level, is the outlier. “It created something out of nothing, according to Judge Alito’s project,” Carter said.

According to the draft, states should be able to develop their own rules on access to abortion.

Such a decision would have huge implications for people seeking abortions across the country.

There are 26 States about to ban or restrict abortion if Roe were to be defeated. Thirteen states have laws that would ban abortion immediately, nine states have pre-Roe bans that have remained in place since Roe took effect, and a handful of other states have publicly said they will introduce restrictions. if Roe fell.

Carter suspects the leaked draft could spur states to take more action.

“What we’ll probably see is what we expect to see, and that’s…many states taking away the law, making it virtually impossible for women in that state to get abortions,” Carter said.

Progressive states like Vermont and California pass constitutional amendments listing Roe v. Wade in state constitutions.

Carter says there’s no doubt the leak has an impact, but it’s unclear if it could affect the final decision or not.

“The institution of the court itself has been shaken, and there’s no way the court can’t react to that,” Carter said.

The leaked document was an early draft, but it reflects the majority opinion on the case – that Roe will most likely fall.

As many already expected, it is very likely that we will see an overhaul of the constitutional right to abortion.

“We’re likely to see the law disappear entirely at the federal level,” Carter said.

Roe is probably on the ropes, Carter added.

What are the chances of the court overturning its decision and upholding Roe? “I think pretty low,” Carter said.

A leaked document published on Politico Monday shows the U.S. Supreme Court is set to overturn Roe v. Wade in the landmark decision on Dobbs v. Jackson Women’s Health Organization this summer.

Although the document is an early draft that is expected to undergo revisions, legal experts say it likely reflects what the judges will ultimately decide: that Roe will fall.