In a great breach of Supreme Court confidentiality and secrecy, Politico has obtained what it calls a draft of a bulk opinion written by Justice Samuel Alito that would strike down Roe v. Wade.
The draft was circulated in early February, like to Politico. The final opinion has not been released and votes and language can change since opinions are formally released. The opinion in this case is not normal to be published until late June.
According to the draft, the court would overturn Roe v. Wade's holding of a federal constitutional right to an miscarriage. The opinion would be the max consequential abortion decision in decades and transform the landscape of women's reproductive health in America.
It appears that five justices would be voting to repeal Roe. Chief Justice John Roberts did not want to altogether overturn Roe v. Wade, meaning he would have dissented from part of Alito's draft opinion, sources tell likely with the court's three humanistics.
That would mean that the five traditional justices that would make up the majority overturning Roe are Alito and Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
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