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Supreme Court Leak: Arito drafted the opinion of the Roe v. Wade case.Not final

When verified, the leaked draft presents a shocking revelation of the Supreme Court’s secret deliberative process.

Washington — Draft Opinion Suggests US supreme court May be ready to overturn the groundbreaking Roe v. Wade case in 1973 Abortion legalized nationwide,according to Politico Report Released on Monday.

The decision to dismiss Roe could lead to an abortion ban in about half of the states and could have a significant impact on this year’s elections. However, it is unclear whether the draft represents the court’s final words on this issue. Opinions often vary in size during the drafting process.

Whatever the outcome, Politico’s report represents a very rare breach of the court’s secret deliberation process and beyond its materiality.

“Roe was terribly wrong from the beginning,” said the draft opinion. It was signed by Judge Samuel Alito, a member of the 6-3 conservative majority of the court appointed by former President George W. Bush.

This document was labeled “First Draft” of the “Court Opinion” in a case known as the Dobbs v. Jackson Women’s Health Agency, in which Mississippi challenged the ban on abortion after 15 weeks. rice field.

The court is expected to rule the case before its term ends in late June or early July.

In effect, the draft opinion states that there is no constitutional right to abortion services and will allow individual states to more strictly regulate or ban procedures.

“We believe we must dismiss Roe and Casey,” said Planned Parenthood v in 1992. Having referred to the Casey case and confirmed that Roe had granted constitutional rights to abortion services, the state was able to impose some restrictions on its practices. “It’s time to pay attention to the Constitution and return the abortion issue to the elected representatives of the people.”

A Supreme Court spokesman said the court had no comments and the Associated Press could not immediately confirm the authenticity of the Politico draft posted in February.

“We received a copy of the draft opinion from someone familiar with the court proceedings in the Mississippi proceedings, along with other details to support the authenticity of the document,” Politico said.

The draft opinion is that when judges meet privately shortly after discussions in the case on December 1, at least five people vote to dismiss Roe and Casey, and Alito is tasked with writing the court’s majority opinion. It strongly suggests that you have been assigned.

Voting and opinion in the case is not final until the decision is announced or posted on the court’s website with changes caused by the coronavirus pandemic.

The report is in the midst of a legislative move to limit abortion in some Republican-led states (latest in Oklahoma), even before the court ruled. Critics of these measures say that low-income women bear the burden of new restrictions disproportionately.

Leak hastened a fierce political response that the High Court’s final decision was expected to have in the year of the midterm elections. Already, politicians on either side of the aisle had raised and grabbed reports to inspire their supporters on either side of the hot button issue.

Ann AP-NORC poll In December, it was discovered that the Democratic Party has come to consider protecting the right to abortion a top priority of the government.

Other polls show that a relatively small number of Americans want to see Roe capsize. In 2020, AP’s VoteCast discovered that 69% of voters in the presidential election said the Supreme Court should leave the Roe v. Wade decision untouched. Only 29% said the court should overturn the decision. In general, AP-NORC surveys have found that it is legal in most or all cases that the majority of people support abortion.

Still, when asked about abortion policies in general, Americans have a subtle attitude on this issue, and many say that abortion should be possible after the first semester, or for some reason women. I don’t think we should be able to get a legal abortion.

At the draft meeting, Mr Arito said the court could not predict how the public would react and should not try. According to Politico, “we cannot allow our decisions to be influenced by external influences, such as concerns about the public’s reaction to our work,” Arito wrote in the draft opinion.

After the publication of Politico’s report, people on both sides of the matter quickly gathered outside the Supreme Court, waving signs and chanting on a refreshing spring night.

Responses from parliamentary and nationally elected officials were swift.

In a joint statement by the top two Democrats in Parliament, Speaker of the House Nancy Pelosi and Senator Chuck Schumer, a majority party leader, said: For women, but for all Americans. “

New York Governor Kathy Hokul, also a Democrat, said people seeking abortion could head to New York. “For those who need access to care, our state is open to welcoming you. In New York, abortion will always be safe and accessible,” Hochul tweeted. I am saying.

Attorney General Lynn Fitch of Mississippi said in a statement, “I will let the Supreme Court make my statement and wait for the official opinion of the court.” However, local authorities were praising the draft.

“This puts decision-making in the hands of the state and should always have been,” said Mississippi State Assembly member Becky Curry.

Congress could also act, but the bill to write Law’s protection in federal law was stalled in the Senate after passing the House of Representatives last year with only a Democratic vote.

A December Supreme Court debate suggested that all six conservative judges upheld the Mississippi Act, and that five questions could overturn Roe and Casey.

Only Judge John Roberts appeared ready to take a small step in support of the 15-week ban, which would also significantly weaken the right to abortion.

So far, courts have allowed states to regulate abortion for about 24 weeks before it becomes feasible, but not to ban it.

Three liberal judges in the court seemed to disagree.

It is impossible to know what efforts are being made behind the scenes to influence the vote of justice. If Roberts tends to allow Rho to survive, he must opt ​​for another conservative vote to take the majority from the court to dismiss the abortion landmark.

According to the Guttmacher Institute, a think tank in favor of abortion, it is likely that 26 states will ban abortion if the Roe v. Wade case is overturned. Twenty-two of them, with the exception of Texas, already have a complete or nearly complete ban on books currently blocked by Roe. State law banning it after six weeks has already been granted by the Supreme Court due to its unusual civil enforcement structure. If Roe capsizes, it is believed that four more states are likely to pass the ban soon.

Meanwhile, 16 states and the District of Columbia have state law protecting access to abortion.

This year, eight conservative states have already moved to limit the right to abortion, anticipating a decision to overthrow or eradicate Roe. Oklahoma, for example, has passed several bills in recent weeks. This includes a bill that goes into effect this summer and is a felony for abortion. Like many anti-abortion bills passed in Republican-led states this year, there are no exceptions to rape and incest, only saving the lives of mothers.

Eight pro-democratic states, including California, have passed legislation that makes procedures cheaper and are considering other bills to make themselves an “abortion sanctuary” if Roe overthrows. Protected or expanded access to procedures including.

The draft seemed legitimate to some believers in court. Neil Katyal, a veteran Supreme Court attorney who was in a position to look at the draft because he worked as a secretary for Judge Stephen Breyer, wrote on Twitter: The length and depth of the analysis will be very difficult to forge. It was written by Arito and says it definitely sounds like him. “

Associated Press writer Jessica Gresco of Washington and Lindsey Whitehurst of Salt Lake City contributed to this report.

Supreme Court Leak: Arito drafted the opinion of the Roe v. Wade case.Not final

Source link Supreme Court Leak: Arito drafted the opinion of the Roe v. Wade case.Not final

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