The U.S. Supreme Court could soon vote to strike down the landmark Roe v. Wade decision that granted women the right to an abortion, according to an initial draft majority opinion obtained by POLITICO.
The draft opinion written by Justice Samuel Alito was made public Monday night by POLITICO in a historic leak of the Supreme Court.
Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – all of whom were appointed by Republican presidents – voted to overturn Roe in a December conference held after oral arguments in a case challenging Mississippi's ban on abortions after 15 weeks of pregnancy, a "person familiar with the court's deliberations" told the outlet.
"We hold that Roe and Casey must be overruled," Alito wrote in the draft, dated to Feb. 10. "It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives."
He called the case "egregiously wrong from the start," stating that "its reasoning was exceptionally weak."
POLITICO's source told the outlet that Democratic-appointed justices Stephen Breyer, Elena Kagan and Sonia Sotomayor "are working on one or more dissents." Chief Justice John Roberts' vote is unknown, according to the outlet.
The release of the 98-page draft opinion marks a historic event, as a breach of the Supreme Court has never occurred before a final decision was announced.
Roe's overturning would immediately pave way for strict limits on abortion access in many Southern and Midwest states, including abortion bans after 15 weeks. Any state could still legally allow the procedure.
The document is labeled as a first draft of the majority opinion and was originally circulated among the justices in February. As it is a draft, opinions are subject to change and justices could change their votes. The Supreme Court's ruling will not be final until it is officially published.
Just minutes after the POLITICO report was published, barricades were seen stationed around the Supreme Court building, the Washington Examiner reported.
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