The Supreme Court has voted to overturn the landmark Roe v. Wade decision that granted women the right to an abortion, according to a draft opinion obtained by Politico.
“Roe was egregiously wrong from the start,” Justice Samuel Alito wrote in the draft opinion of the court dated Feb. 10, according to Politico.
The vote is not final, Politico reported, and the court’s holding may still change. The opinion showed that four justices — Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — joined Alito while three — Stephen Breyer, Sonia Sotomayor and Elena Kagan — dissented.
“We hold that Roe and Casey must be overruled,” the opinion reportedly continued. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
Chief Justice John Roberts has yet to cast his vote and it is unknown which side he will vote with, Politico reported.
Overall, the opinion is a “full-throated, unflinching repudiation” of the 1973 Supreme Court ruling, according to Politico.
But the leak of a draft opinion circulated within the Supreme Court is unprecedented, according to court watchers.
“It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff,” SCOTUSblog tweeted Monday night. “This leak is the gravest, most unforgivable sin.”
No draft opinion of the court in modern history has ever been leaked in this manner, Politico reported.