Legal experts are responding to the bombshell news from Politico, which reports the U.S. Supreme Court has voted to fully overturn Roe v. Wade, the landmark 1973 ruling that found a right to abortion in the U.S. Constitution. The Court has not released its opinion.
Politico has published what it reports is the first draft of the opinion, written by Justice Samuel Alito. A leak from the Supreme Court of this magnitude is unprecedented.
“This opinion says states can criminalize abortion, with no rape or incest exception,” writes Neal Katyal, law professor, Supreme Court lawyer, and a former US Acting Solicitor General. It is exactly the hardline position I’ve been saying the Court is going to impose for the last 3 years. It will set women back in profound ways. Congress must act ASAP.”
Law professor Yuvraj Joshi almost mocks Justice Alito, pointing out that in the draft opinion he says other rights like same-sex marriage and even same-sex sex should not be affected by this ruling killing abortion, while mentioning those specific rulings:
The Deputy National Political Director of the ACLU and the Director of its Justice Division makes clear the US now has a “human rights crisis.” He also states he expects the opinion will become the “foundation for overturning LGBT rights, the right to contraception, and more.”
Slate’s Mark Joseph Stern appears to agree:
Law professor and political scientist Anthony Michael Kreis suggests same-sex sex is also on the table:
Former Associate White House Counsel Ian Bassin, now the founder and Executive Director of Protect Democracy reminds that just this morning The Washington Post reported the GOP is planning to pass a federal law making abortion illegal nationwide.