The Supreme Court’s draft opinion ending abortion rights

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Demonstrators protest outside of the U.S. Supreme Court Tuesday, May 3, 2022 in Washington. (AP Photo/Jose Luis Magana)

Demonstrators protest outside of the U.S. Supreme Court Tuesday, May 3, 2022 in Washington. (AP Photo/Jose Luis Magana)

It appears that the Supreme Court has voted to strike down Roe v. Wade, according to a draft opinion leaked to Politico Monday night. The majority opinion, written by Justice Alito and reportedly supported by Justices Thomas, Gorsuch, Kavanaugh and Barrett, would overturn the guaranteed right to an abortion in the United States. In the draft document, Alito writes, “We hold that Roe and Casey must be overruled…It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

This hour, we examine this potentially unprecedented ruling, what it will mean for reproductive rights if this draft opinion becomes law, and the legal reasoning behind the Court’s decision. We’ll also talk about the significance of such a massive leak, one of the few times in court history.

Guests

Kathryn Kolbert, the attorney who argued before the Supreme Court Planned Parenthood v. Casey, which is credited with saving Roe v. Wade. She the cofounder of the Center for Reproductive Rights. She’s the author, with Julie Kay, of Controlling Women: What We Must Do to Save Reproductive Freedom. @kitkolbert

Michael Moreland, Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion and Public Policy at Villanova University’s Charles Widger School of Law.

Rachel Rebouché, Interim Dean of Temple University Beasley School of Law and the James E. Beasley Professor of Law. @rrebouche

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