On Monday, May 3, a draft of a possible new majority opinion on Roe v. Wade was leaked. The draft caused mass outcry on both sides because of its relation to the controversial case of Roe v. Wade.

Justice John Roberts confirmed these leaks to be authentic; however, he has said, “I have directed the Marshal of the Court to launch an investigation into the source of the leak.”

The leaked document said, “It is time to heed the constitution and return the issue of abortion to the people’s elected representatives.”

It also speaks about the issues raised with the initial court case. On page 6 of the draft entitled, “Opinion of the Court,” the document talks about the use of the stare decisis doctrine – the legal idea that courts will stay true to preset precedents when making decisions.

However, Justice Samuel Alito was not convinced that the stare decisis was enough to support the court’s original decision.

“Roe’s abuse of judicial authority. Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences,” wrote Justice Alito in the same document.

If Roe v. Wade is overturned by this legislation, it would keep abortion laws up to the state. It would give states the right to ban abortion altogether.

“It concerns me a great deal that we’re going to, after 50 years, decide a woman does not have the right to choose,” said the current U.S. President Joe Biden while speaking to the press at Joint Andrews Base in Maryland.

The history behind the case starts in 1970 and ends in 1973, the United States Supreme Court case between Jane Roe (Norma McCorvey) and Henry Wade, the district attorney of Dallas, Texas, began. Roe believed that a woman should hold the right to terminate a pregnancy at any time.

Naturally, the two ideals had disagreements that eventually landed in a court case. Despite this, the court decided to compromise between the two parties, deciding that a woman could get an abortion within the first trimester of her pregnancy, as well as letting states have more control over abortion legislation. 

Both pro-life and pro-choice activists have been outraged about the leak, although for differing reasons. 

Pro-life activists have been disturbed by the leak of the draft, whereas pro-life activists have been appalled over the legislation of Roe vs. Wade itself.

Due to this outrage, massive protests have erupted in the capital.

Since the legislation was just a draft, it is unclear what will happen in the near future, but the decision is sure to outrage one side of the debate and further divide the country politically.

It seems Justice Alito agreed.

“Far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.” 

Since the legislation was just a draft, it is unclear what will happen in the near future, but the decision is sure to outrage one side of the debate and further divide the country politically.

For more information on Roe v. Wade, see a previous story from The Hilltopper Online by Chelsie Cooley.