Chief Justice John Roberts confirmed Tuesday that the draft opinion leaked to the news organization Politico was legitimate.
The draft document was made public Monday and was written by Justice Samuel Alito. The draft was reportedly written in February in response to deliberations over a Mississippi law that would ban abortions after 15 weeks of pregnancy. The 98-page draft opinion indicates that at the time, a majority of the justices on the high court favored overturning the landmark 1973 Roe v. Wade decision that legalized abortion.
The leak itself was a breach of a long-held protocol of privacy around Supreme Court deliberations. The privacy allows justices to hold a rigorous debate among themselves before anything is made public. "We've talked in the past about the Affordable Care Act decision where at the last moment, the Chief Justice changed his vote at the last minute and that changed the entire outcome of that case," said Levinson.
About 1,000 people gathered outside the Supreme Court building Tuesday, at times with clashes between those who support Roe v. Wade and those in favor of the Supreme Court overturning it.
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