The counterattacks began almost immediately after Politico reported on Monday night that it had obtained a leaked copy of a draft opinion from the United States Supreme Court that would eviscerate the nearly 60-year precedent set by Roe v. Wade establishing abortion as a constitutionally protected right.
“Roe was egregiously wrong from the start,” Associate Supreme Justice Samuel Alito, an arch-conservative appointed by former President George W. Bush, wrote in a 98-page draft. “We hold that Roe and [Casey v. Planned Parenthood] must be overruled,” he continued. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
Politico also reported that Alito’s drafted Roe reversal had support from four other conservative justices—apparently enough to form a 5-4 majority—though it’s not clear that this draft would be issued as the actual majority opinion.