Legal experts: Alito's leaked decision also calls into question laws on birth control, privacy and same-sex marriage
Supreme Court justice Samuel Alito (Italian embassy/Flickr)

Politico is reporting that the Supreme Court has voted to overturn abortion rights.

Alito, in his draft majority opinion, says very clearly that he is seeking to overturn the Roe and Casey court decisions.

“We hold that Roe and Casey must be overruled," Alito writes, according to Politico. "The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision....”

In the past Chief Justice John Roberts has said that he wanted to remove the "viability" clause from the Roe decision, which is the way of essentially overturning the law without saying it.

According to Alito, "Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives."

Legal analyst Harry Litman of the Los Angeles Times noted that for Alito to have written the opinion means that Chief Justice John Roberts assigned it to him. It's an interesting choice, Litman said, because Alito is "the least gifted and powerful writer probably of the 5."


As former federal prosecutor Renato Mariotti explained, the decision is going to remove the autonomy of all women with one decision.

As one Civil Rights lawyer explained, "The draft sets out a vision of substantive due process as inflexible — a right exists only if it’s been recognized for generations. No room for constitutional change to match a more tolerant and enlightened society. A recipe for no Roe OR Griswold OR Obergefell."

Griswold was the 1965 ruling that declared the Constitution protects the liberty of married couples to buy and use contraceptives without the government probing their decisions or lives.

Obergefell is the ruling that ultimately legalized same-sex marriage.

"Casey described itself as calling both sides of the national controversy to resolve their debate, but in doing so, Casey necessarily declared a winning side," Alito also writes. "The Court short-circuited the democratic process by closing it to the large number of Americans who dissented in any respect from Roe. … Together, Roe and Casey represent an error that cannot be allowed to stand.”

As former acting Solicitor General Neal Katyal explained, there are currently laws on the books in some states that won't even allow abortion for women who have been raped or children who have been molested.

Some legal analysts also cited Sen. Susan Collins (R-ME), who claimed that she was a moderate pro-choice republican. When Judge Brett Kavanaugh was up for a vote, Collins agreed to support him, saying that Kavanaugh believed a woman's right to choose was "settled law?"

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