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Pro-abortion rights protesters react outside the US Supreme Court after the leak of a draft majority opinion written by Justice Samuel Alito preparing for a majority of the court to overturn the landmark Roe vs Wade abortion rights decision later this year, in Washington, the US, on May 2 2022. Picture: REUTERS/JONATHAN ERNST
Pro-abortion rights protesters react outside the US Supreme Court after the leak of a draft majority opinion written by Justice Samuel Alito preparing for a majority of the court to overturn the landmark Roe vs Wade abortion rights decision later this year, in Washington, the US, on May 2 2022. Picture: REUTERS/JONATHAN ERNST

Washington — Anti-abortion activists and pro-abortion supporters took to the streets of Washington on Tuesday after news that the US Supreme Court may overturn the 1973 Roe vs Wade ruling that legalised abortion nationwide.

A leaked initial draft majority opinion suggests the court has voted to overturn the ruling, Politico reported on Monday.

Reuters was not immediately able to confirm the authenticity of the draft opinion. The supreme court and the White House declined to comment.

Within hours of the news, anti-abortion activists chanting “hey, hey, ho, ho, Roe vs Wade has got to go” and abortion rights supporters shouting “abortion is healthcare” were facing off outside the court.

Abortion is one of the most divisive issues in US politics and has been for nearly a half century.

A 2021 poll by the Pew Research Centre found that 59% of US adults believed it should be legal in all or most cases, while 39% thought it should be illegal in most or all cases.

The top court is set to overturn the Roe vs Wade decision that protects the constitutional right to abortion, according to a draft majority opinion circulated inside the court reported by Politico.

“Roe was egregiously wrong from the start,” conservative Justice Samuel Alito wrote in the draft opinion which is dated February 10, according to Politico, which posted a copy online.

Based on Alito’s opinion, the court would find that the Roe vs Wade decision that allowed abortions performed before a foetus would be viable outside the womb — between 24 and 28 weeks of pregnancy — was wrongly decided because the US constitution makes no specific mention of abortion rights.

“Abortion presents a profound moral question. The constitution does not prohibit the citizens of each state from regulating or prohibiting abortion,” Alito said, according to the leaked document.

The unprecedented leak sent shock waves through the US not least because the court prides itself on keeping its internal deliberations secret and leaks are extremely uncommon. The news stunned abortion providers.

On Monday night, Andrea Gallegos, executive administrator at Tulsa Women’s Clinic in Oklahoma, had just finished calling 25 patients scheduled for abortions on Tuesday to tell them that their appointments would need to be cancelled because of a soon to be enacted Oklahoma law modelled on a restrictive Texas abortion ban.

“I can’t say that I’m surprised,” she said. “Now all these other conservative states like Oklahoma are passing the exact same legislation that Texas did, I have to say I became less optimistic and way more scared for what the future of Roe looks like.”

The ruling would be the court’s most sweeping since former President Donald Trump succeeded in naming three justices to the court, cementing a 6-3 conservative majority.

“The Republican-appointed justices’ reported votes to overturn Roe vs Wade would go down as an abomination, one of the worst and most damaging decisions in modern history,” said US House of Representatives speaker Nancy Pelosi and Senate majority leader Chuck Schumer, both Democrats.

The news broke a little more than six months before the midterm elections that will determine if Democrats hold their razor-thin majorities in the US Congress for the next two years of President Joe Biden’s term in office.

The decision appeared based on an oral argument in December on Mississippi’s bid to revive its ban on abortion starting at 15 weeks of pregnancy, a law blocked by lower courts.

The report said a court majority was inclined to uphold Mississippi’s abortion ban and that there could be five votes to overturn Roe. An official ruling is expected sometime before the end of June.

Four of the other Republican-appointed justices — Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — voted with Alito in the conference held among the justices, the report added.

After an initial vote among the justices after an oral argument, one is assigned the majority opinion and writes a draft. It is then circulated among the justices. At times, in between the initial vote and the ruling being released, the vote alignment can change. A ruling is only final when it is published by the court.

The Roe vs Wade decision recognised that the right to personal privacy under the US constitution protects a woman’s ability to terminate her pregnancy. Christian conservatives and many Republican office-holders have long sought to overturn it.

If Roe is overturned, abortion is likely to remain legal in liberal states. More than a dozen states have laws protecting abortion rights. Numerous Republican-led states have passed various abortion restrictions in defiance of the Roe precedent in recent years.

Republicans could try to enact a nationwide abortion ban, while Democrats could also seek to protect abortion rights at the national level.

Democrats said the draft opinion undermines the importance of this year’s elections, in which they are seeking to maintain control of the House and Senate. Republican legislators criticised the leak, suggesting it was an attempt to inappropriately put pressure on the court to change course.

The anti-abortion group the Susan B Anthony List welcomed the news.

“If Roe is indeed overturned, our job will be to build consensus for the strongest protections possible for unborn children and women in every legislature,” said its president, Marjorie Dannenfelser.

Reuters

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