Supreme Court Justice Samuel Alito has become the justice most identified with a leaked draft decision that would make access to abortion a state decision rather than a national right.
Alito wrote the draft decision, which Chief Justice John Roberts confirmed is authentic. Legal scholars stress the draft decision overturning Roe v. Wade could still change substantially before being issued, a move expected in late June.
The draft opinion, which the high court has called "authentic" despite clarifying it is not the final ruling, would have significant ramifications for the 1973 case of Roe v. Wade and the 1992 case Planned Parenthood v. Casey if a majority of justices sided with Alito.
Justice Clarence Thomas, who has spent the longest time on the nine-member bench, would"presumably have the assignment power," Girgis said. Though he described Thomas, nominated and confirmed to the Supreme Court in 1991, as having"views about substantive due process that he's unlikely to get four other votes for."
Since the leaked draft opinion, there has been a national outcry among abortion activists voicing the need to protect Roe and Casey. Monday's leak sparked a near-instantaneous protest outside the court during the same evening. Large unscalable fences were placed outside the high court in response to continued protests Wednesday night while the nation awaits the final opinion that could come anytime between now and the end of June.
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