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Supreme Court Draft Opinion on Roe v. Wade Sparks Outrage

An explosive report initially leaked out through Politico reveals that the United States Supreme Court could strike down Roe v. Wade, the breakthrough 1973 legislation that granted federal protections of…

Abortion legal battle

WASHINGTON, DC – MAY 02: Demonstrators gather outside of the U.S. Supreme Court on May 02, 2022 in Washington, DC. In an initial draft majority opinion obtained by Politico, Supreme Court Justice Samuel Alito allegedly wrote that the cases Roe v. Wade and Planned Parenthood of Southeastern v. Casey should be overruled, which would end federal protection of abortion rights across the country. (Photo by Kevin Dietsch/Getty Images)

An explosive report initially leaked out through Politico reveals that the United States Supreme Court could strike down Roe v. Wade, the breakthrough 1973 legislation that granted federal protections of abortion rights.

The report leaked a draft decision penned by Justice Samuel Alito, titled Thomas E. Dobbs vs. Jackson Women's Health Organization, states on page 5 "We hold that Roe v. Wade must be overruled. The constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provisions, including the one on which the defenders of Roe and Casey now chiefly rely -- the due process clause of the fourteenth amendment."

Alito continues on page 6 stating: "Roe was egregiously wrong from the start.   Its reasoning was exceptionally weak, and the decision has had damaging consequences..."

The draft which was written in February has not been formally voted on as deliberations continue. Justices can change their opinion and vote, and drafts can be re-drafted at a later date. Politico reports the final verdict is probably two months away.

According to the report, "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 three Democratic-appointed justices – Stephen Breyer, Sonia Sotomayor and Elena Kagan – are working on one or more dissents, according to the person. How Chief Justice John Roberts will ultimately vote, and whether he will join an already written opinion or draft his own, is unclear." 

The issuance of the leak has stirred wide outcry from defenders of Roe v. Wade. Protests took place in front of the Supreme Court late Monday night with pro-life and pro-abortion protesters clashing.

Locally in New Jersey, Governor Phil Murphy called the leaked document and possible outcome a "dark day in American history," vowing that the state of New Jersey will not turn its back on women's reproductive rights.

Lt. Governor Sheila Oliver also chimed in on the controversy, stating on Twitter that she was "outraged" by the pending decision.

New Jersey Democrat Senator Robert Menendez vowed to keep fighting for the right to choose.

Michael Cohen is the News and Sports Director at Fox Sports Radio New Jersey and Magic 98.3 FM, as well as a radio production assistant with Fox and Magic in New Jersey. He started his career in Somerset in 2018 initially as a news fill-in at WCTC 1450 AM, and soon moved up to higher responsibilities in the ensuing years, assuming News & Sports Director title in 2021Prior to his time with Fox Sports New Jersey, Michael was play-by-play voice for New Jersey Jackals baseball, and as well as play-by-play and color for the College of Staten Island basketball (men and women), softball and baseball. Michael began his career as a news and sportswriter with the Jersey Journal of Hudson County.