The majority of the Supreme Court supports overturning Roe v. Wade legislation, according to a leaked initial draft opinion written by Justice Samuel Alito, which was released by POLITICO on May 2.
The Supreme Court confirmed Tuesday morning that the released draft is an official court document, but is not the final decision.
The 98-page draft opinion outlined the court’s belief of why Roe v. Wade should be overruled, with the main premise being that the Roe and Casey decisions were not aligned with the Constitutional conception of liberty under the Fourteenth Amendment –– the amendment that was argued for the case of abortion rights.
“We hold that Roe and Casey must be overruled,” the majority opinion wrote. “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely — the Due Process Clause of the Fourteenth Amendment.”
If the court’s final opinion is aligned with the views in the leaked opinion, abortion would be up to each state to decide the process, according to The New York Times.
Cal Poly Planned Parenthood Generation Action Co-president Gracie Edler said overturning Roe v. Wade would not stop abortions — just safe and legal ones.
“I think it’s vital for people to step up and speak out about this possible infraction upon reproductive rights,” Edler said.
Both Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey uphold the constitutional right to get an abortion. In 1973, Roe v. Wade granted the right to an abortion. In 1992, the case of Planned Parenthood v. Casey decided the extent to which laws could prohibit abortions.
According to Cornell Law, the Fourteenth Amendment most often applies to the concept of “equal protection of the laws.” The Supreme Court opinion wrote that the matter of abortion “is critically different from any other right that this Court has held to fall within the Fourteenth Amendment’s protection of ‘liberty.’”
“The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions,” the majority opinion wrote.
A news release from San Luis Obispo Women’s March wrote in support of protecting Roe v. Wade.
“We cannot stand by and quietly let this happen,” Women’s March SLO Co-Executive Director Andrea Chmelik said.
Morro Bay City Council member and co-founder of the Women’s March San Luis Obispo Dawn Addis described the draft opinion news as “abhorrent” in a news release.
“Reproductive care is an urgent need for people in Morro Bay and across the Central Coast,” Addis wrote. “The onslaught of attacks on reproductive care threatens our entire community. Even in a state that has historic protections, it’s up to us to make sure access is never rolled back.”
A protest will be held at 5 p.m. on Tuesday in front of the San Luis Obispo courthouse, with the purpose of advocating for reproductive rights and the protection of Roe v. Wade.
