(Washington) The Supreme Court of the United States is preparing to overturn the historic judgment of 1973 in which it recognized the right to abortion, the newspaper assured late Monday Politico which is based on an unprecedented leak of documents.
Posted at 10:35 p.m.
Updated at 11:34 p.m.
In an article that had the effect of a bomb in Washington, the daily said it had obtained the preliminary draft of a majority decision written by conservative judge Samuel Alito and dated February 10.
Roe v. Wade, who almost half a century ago argued that the US Constitution protected women’s right to abortion, was “completely unfounded from the start”, according to this text which can be the subject of negotiations until to June 30.
“We believe that Roe v. Wade must be canceled”, adds Samuel Alito, for whom the right to abortion “is not protected by any provision of the Constitution”.
If this conclusion is accepted by the high court, the United States will return to the situation in force before 1973 when each state was free to prohibit or authorize abortions.
Given the significant geographical and political divisions on the subject, half of the states, especially in the conservative and religious south and center, should quickly banish the procedure on their soil.
“Let’s be clear: this is a preliminary draft. It is outrageous, unprecedented but not final: Abortion remains your right and is still legal,” tweeted Planned Parenthood, which runs many abortion clinics.
Never seen
The Supreme Court has been profoundly overhauled by former Republican President Donald Trump who, in five years, brought in three judges, solidifying his conservative majority (six judges out of nine).
Since September, this new Court has sent several favorable signals to opponents of abortion.
She initially refused to prevent the entry into force of a Texas law which limits the right to an abortion to the first six weeks of pregnancy against two trimesters under the current legal framework.
During the December review of a Mississippi law, which also questioned the legal deadline for an abortion, a majority of its magistrates made it clear that they were ready to nibble or even simply overturn Roe v. Wade.
The document presented by Politico relate to this file. Its publication constitutes an extremely rare leak for the Supreme Court, where the secrecy of the deliberations has almost never been violated.
“I’m pretty sure there has never been such a leak” at the Supreme Court, commented on Twitter the lawyer Neal Katyal who has repeatedly pleaded for the government of Barack Obama before the high court. For him, “several signs” suggest that the document is a real one.
Asked by AFP, the Supreme Court declined to comment.
Spontaneous demonstrations
Without waiting for the official decision, the political class reacted strongly to the article by Politico.
Several elected Democrats felt that he confirmed “the urgency” of enshrining the right to abortion in law. “We must protect the right to choose and enshrine Roe V. Wade in law,” tweeted Senator Amy Klobuchar.
A proposal to that effect passed the House of Representatives but is bogged down in the Senate due to fierce Republican opposition.
The latter, on the contrary, hailed an announced victory. “This is the best and most important news of our lives,” commented Representative Marjorie Taylor Green, while her colleague Josh Hawley called on the Court to publish its judgment “immediately”.
Handfuls of abortion rights advocates gathered spontaneously in the evening in front of the white marble temple that houses the Supreme Court in Washington.