A draft of a majority opinion written by Supreme Court Justice Samuel Alito points to the potentially high probability that Roe v. Wade will be overturned. The draft is not final, as REVOLT previously reported. The final decision can take up to two months to be reached.
In the leaked draft, five Supreme Court justices have voted to overturn the landmark 1973 ruling. The decision was previously upheld in 1992 following the case Planned Parenthood v Casey. The Supreme Court currently has just three liberal Democratic justices out of the nine members. Justice Amy Coney Barrett has long been an outspoken critic of the law.
Chief Justice John Roberts hesitated to overturn the ruling completely. However, he is against abortion after 15 weeks of pregnancy. This falls in accordance with a pre-existing law in Mississippi. Texas banned abortion at and after six weeks in 2021, sparking widespread backlash from celebrities including Megan Thee Stallion.
Twitter has reacted to the news. “If #RoeVWade disappears, how much longer will it be before I’m seen as 3/5ths of a person again?” wrote one user.
Some commented on the irony of the news dropping on the day of the Met Gala. “This #RoeVWade news dropping during this Gilded Age themed Met Gala is pretty dystopian,” wrote user Ahmed Baba.
Another wrote, “you know what, this coming out while everyone is focused on the Met Gala outfits, is so fitting. The Gilded Age used expensive and glamorous clothing to distract from social unrest of the time. And now this is happening. I am so tired.”
Emmy nominated actress Yvette Nicole Brown chimed in. “If you are upset that #RoeVWade is about to be overturned by the Supreme Court but you didn’t vote in 2016 or you voted for Trump because you didn’t like the smart lady, YOU did this w/your apathy or your decision to choose an imp for President. YOU gave him THREE SCOTUS seats,” she wrote.
“They will be turning over gay rights and interracial marriage next. We told you all this would happen. But it wasn’t enough for you to vote Democrat to keep marginalized groups from being fucked over. You held your vote hostage for whatever pet issue mattered to you. #RoevWade.”
Many have been using the potential news to educate women on ways they can protect themselves.
President Joe Biden and Vice President Kamala Harris have both been outspoken proponents of Roe v. Wade and the protection of abortion laws. Back in 2019, Harris spoke about women’s access to reproductive health care “which is under full attack in America today” she said. “Poor women, women of color will die because Republican legislators in outer states who are out of touch with America are telling women what to do with their own bodies,” she said during a debate for a leading Democratic candidate to run alongside Biden.
Under the current law, women have the right to terminate a pregnancy before 23 weeks when a fetus could live outside the womb. Critics believe that that time period, nearly six months after conception, is analogous to murder.
In the draft opinion, Alito writes that Roe “must be overruled.”
“The Constitution makes no reference to abortion and no such right is implicitly protected by any constitutional provision,” Alito wrote. He said that Roe was “egregiously wrong from the start” and that its reasoning was “exceptionally weak, and the decision has had damaging consequences.”