News outlet Politico leaked a Supreme Court draft opinion on its upcoming decision in Dobbs v. Jackson Women’s Health Organization. The draft revealed a possible decision from the Court to overturn the 1973 Roe v. Wade that established constitutional protection for abortions.
Chief Justice John Roberts authenticated the draft, which was penned by conservative Justice Samuel Alito. He also stated however that “it does not represent a decision by the Court or the final position of any member on the issues in the case.” He has also directed the Marshal of the Court to launch an investigation into the source of the leak.
Roe v. Wade overturn to make way for abortion bans and restrictions
If Roe is struck down, the legality of abortion would be left in the hands of each state. Currently, 16 states and the District of Columbia recognize access to abortion as a fundamental right by state legislatures and courts. These are to remain unchanged regardless of the potential overturn.
Inversely, laws restricting or banning abortion are already in place in 20 states. If the decision pushes through, new restrictions or bans are expected to be imposed in up to 26 states. Specifically, Florida, Indiana, Montana, and Nebraska are expected to ban abortion. Additionally, the removal of Roe protections may bring in a wave of new restrictions and regulations to take effect, including pre-Roe established laws.
Abortion clinics around the nation, particularly in states that are to enact restrictions, are projected to close down. A possible influx of patients at the remaining clinics in the 16 states preserving the right to abortion is expected. AFAB (assigned female at birth) persons of color, in particular, are likely to be hit harder by the decision, particularly black and Hispanic women who have higher rates of abortion than the general population.
Potential Roe v. Wade overturn sparks widespread controversy
Talks of a national abortion ban and bans on other birth control have caused protests to sprout across the country since the leak. Abortion clinics and abortion rights advocacy groups have also seen a surge in donations after the document leak.
Hundreds of people gathered in Atlanta, Houston, Chicago, Detroit, New York, and other cities around the country, some joined by Democratic officials. At the capital, protesters crowded outside the Supreme Court, holding signs with “Abort the Court,” while anti-abortion protestors demonstrated just across the street. Recent polls suggest most Americans support abortion rights in most cases.