May 5, 2022
By Mónica Barnkow
A draft decision by US highest tribunal, suggesting that an overturn of Roe v Wade is in the making, leaked to Politico early this week.
“We hold that Roe and Casey must be overruled,” Samuel Alito, one of the most conservative justices of the Supreme Court, writes in the 98-page-long draft. The document, labeled as “Opinion of the Court,” reflects the court’s current majority position on the matter.
The 1973 landmark precedent for abortion rights is under threat. A decision on its factual overturn is expected in the summer. If the overrule becomes a reality, regulations on abortion will be a state-by-state matter.
According to NBC News analysis of Center for Reproductive Rights, a whopping 23 states will ban abortion, 13 of them automatically setting in motion what are known as “trigger laws”, which are meant to institute the ban immediately after the ruling.
With federal constitutional protection for abortion rights at stake, the leak fueled a host of protests across the country. In New York City, thousands of pro-choice activists rallied at Foley Square in Downtown Manhattan. New York Attorney General Tish James joined the protest.
“I’m here to say we will not go backwards. We will not go back to the days when we used wire hangers!,” James said.
Organizers called on protesters to wear green, as the color is the internationally symbol of the fight for reproductive rights.
An overturn of Roe would force women of reproductive age from across the country to travel the distance to seek safe abortion services in abortion “sanctuary” states. Those who don’t have the “day-tripper” option, will be forced to taking to term unwanted pregnancies and living undesired motherhoods. The rollback of Roe will likely have a most negative impact in the reproductive health of low-income, brown, and black women.
The leak was a first in history for the United States Supreme Court. It is uncertain, albeit under investigation, how the document was leaked, or what the intended effect was.
A decision by the court is not final until its publication.
