- BBC News World
According to a nine-judge draft majority, the U.S. Supreme Court may be on the verge of ending the constitutional right to abortion nationwide.
In the middle Politician This Monday Judge Samuel Alito released a speech in which he defines the historic judgment handed down by the Supreme Court in 1973 as Row versus Wade as a “blatant error.”
The Supreme Court on Tuesday confirmed that the leaked document was genuine, but clarified it It does not represent the decision of the court or the final position of its members on the issues of the case.
Such a leak is unprecedented in the modern history of the United States Supreme Court and has caused a great deal of controversy in that country.
Chief Magistrate of the Court, Judge John Roberts, Leak a “Massive breach of trust” Ordered further investigation.
In response to the leak, US President Joe Biden issued a statement on Tuesday before the court confirmed the document’s credibility.
“I believe a woman’s right to make decisions is fundamental. Row has been a national law for almost 50 years and demands that basic justice and the stability of our country’s law not repeal it. We will be ready when any judgment comes.” Insisted.
“If the court overturns Roe v. Wade, the protection of a woman’s decision-making power will fall on our elected officials at all levels of government, and the choice of politicians in favor of that right will fall on the electorate.”
What the draft says
Judges are expected to rule on the case in early July. According to Politico, this is the first draft and it is not uncommon for judges to change their minds during these drafting processes.
“Rowe (v. Wade) was a blatant mistake from the start,” said Judge Alito’s document. “We think it should be repealed,” he added.
“The time has come to abide by the Constitution and return the issue of abortion to the people’s elected representatives,” he added.
If this is the opinion of the court, which has a majority of Conservative judges, then abortion ends up being a constitutional right so that states can completely ban or restrict it.
The arrangement is being reviewed as part of a legal battle over the state of Mississippi’s goal of banning abortions after 15 weeks of pregnancy.
Supreme Court in crisis
Analysis by Anthony Sacher, a BBC journalist in North America
The draft opinion of Supreme Court justices has never been leaked to the public in American history.
The High Court has traditionally operated like Mount Olympus, where views from the highest and highest levels of the judiciary – judicial drag, debate and persuasion necessary to reach a majority – are carried out in complete isolation.
It is a practice that reflects the unparalleled power of the Court to interpret, approve or reverse any law passed in Congress, and to establish or abolish individual rights with a simple signature.
It is a power that was accepted by the courts in the early 19th century and is not inherently democratic.
That power has long been valued and respected, as the court’s protections and procedures have been meticulously designed over the centuries.
Only the nine judges and some of their lawyers, the law graduates selected for their achievements and knowledge, are intimate with the maneuvers of the judicial process of the Supreme Court.
Shortly after the lawsuit was filed in court and drafts of the majority opinion and disagreement were made and changes were made, the initial ideas were expressed in an unrestricted vote.
There are reports and statements from former judges and others who are well versed in the process about how draft comments sometimes do not correspond to the final judgment of the court.
Judge Alito’s majority opinion leaked, Row Versus. Turning Wade upside down is a short circuit that deeply hurts the Supreme Court as an institution, sowing distrust between judges and their assistants, and exposing the entire judiciary. The impact of American politics.
Allegations and conspiracy theories are already circulating: the person who leaked the document appears to be less likely to rule out the possibility of a liberal or alito’s risk of being thwarted in a last – ditch attempt to prevent Rowe’s cancellation, or a moderate abortion protectionist who wants to end up with a series of cuts with continued cuts.
Chief Justice John Roberts called the leak a “betrayal of the court’s trust and a” grave and gross breach of trust. “
He ordered an investigation into the origin of the leak, but the damage has already been done.
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