WASHINGTON — The Supreme Court’s leaked draft opinion jolted some legal experts for how it would not only upend abortion rights, but move onto shakier ground other constitutional rights such as same-sex marriage, contraception and more.
Justice Samuel A. Alito Jr.’s draft in a case about a Mississippi abortion law indicates that there are enough votes for the Supreme Court to overturn the Roe v. Wade decision from 1973, which first established a constitutional right to abortion. The first draft from February describes abortion rights as not “deeply rooted” in the nation’s history and not explicitly protected by the Constitution.
Experts said if that reasoning becomes final, it would reflect a major victory for a conservative legal movement that has long criticized “judge-made law,” where they argue Congress or state legislatures should decide public policies instead of the Supreme Court.
