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The American media Politico has obtained the preliminary draft of a majority decision written by a Supreme Court judge which states that Roe v. Wade, recognizing women’s right to abortion at the federal level, “must be reversed.” The text still needs to be negotiated.
The right to abortion is more threatened than ever in the United States. The US Supreme Court is preparing to overturn the historic 1973 judgment in which it recognized the right to abortion, the Politico newspaper assured Monday, May 2, which is based on an unprecedented leak of documents. The daily says it has obtained a draft majority decision written by conservative judge Samuel Alito and dated February 10, which is still to be negotiated until it is published by June 30.
Roe v. Wade who, almost half a century ago, believed that the American Constitution protected the right of women to abortion, was “totally unfounded from the start”, is it written in this proposed text. “We believe that Roe v. Wade must be annulled,” adds Samuel Alito, for whom the right to abortion “is not protected by any provision of the Constitution”.
If this conclusion is accepted by the High Court, the United States will return to the situation in force before 1973 when each state was free to prohibit or authorize abortions. Given the significant geographical and political divisions on the subject, half of the states, especially in the conservative south and center, should quickly ban the procedure on their soil.
“Let’s be clear: this is a preliminary draft. It is scandalous, unprecedented but not final: abortion remains your right and is still legal”, tweeted the organization Planned Parenthood, which manages many clinics performing abortions. .
Let’s be clear: This is a draft opinion. It’s outrageous, it’s unprecedented, but it is not final.
Abortion is your right—and it is STILL LEGAL. https://t.co/s9R7w99n71
—Planned Parenthood (@PPFA) May 3, 2022
Signals favorable to opponents of abortion
The Supreme Court has been profoundly overhauled by Donald Trump who, in five years, brought in three judges, solidifying his conservative majority (six judges out of nine).
Since September, this new Court has sent several favorable signals to opponents of abortion. She initially refused to prevent the entry into force of a Texas law which limits the right to an abortion to the first six weeks of pregnancy against two trimesters under the current legal framework.
During the December review of a Mississippi law, which also questioned the legal deadline for an abortion, a majority of its magistrates made it clear that they were ready to nibble or even simply overturn Roe v. Wade.
The document presented by Politico relates to this file. Its publication constitutes an extremely rare leak for the Supreme Court, where the secrecy of the deliberations has almost never been violated.