Roe vs. Wade

Daniel Nelepa, Contributor

On May 4th, 2022, a draft of an opinion of the controversial Roe vs. Wade decision was leaked to the public. This leak suggested that the Supreme court was going to overrule the decision that was made on January 22, 1973. 

For those who are unaware, “Roe v. Wade, 410 U.S. 113, was a landmark decision of the U.S. Supreme Court where the court ruled that the Constitution of the United States protects a pregnant woman’s liberty to choose to have an abortion without excessive government restriction.” This decision to overturn the case would lead to the end of almost half a century of government protection of abortion rights and could have serious effects on the economic well-being of women.

The possibility of overruling Roe vs. Wade has many Americans expressing their doubts on whether or not the supreme court justices are following the law rather than their personal or political beliefs. Justices can change their votes regarding major decisions and can trade their votes whenever they want before their decisions are unveiled. This is the first draft decision that has been disclosed to the public since the draft was still pending in court. 

The new revelation will most likely lead to a more intense debate over abortion in America. If overturned, it has many Americans wondering if other cases like Obergefell vs. Hodges can be overruled. Obergefell vs. Hodges ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

According to Politico, a person familiar with the court’s deliberations said that four of the other Republican-appointed justices — Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — had voted with Alito in the conference held among the justices after hearing oral arguments in December, and that line-up remains unchanged as of this week. The Justices had their final arguments on the case and over the months to come they will hold sessions to release their rulings.