The political fallout continues to grow after a leaked draft opinion indicates the Supreme Court is poised to overturn Roe v. Wade.
WASHINGTON -- The political fallout continues to grow after a leaked draft opinion indicates the Supreme Court is poised to overturn the landmark Roe v. Wade ruling, and politicians on both sides of the issue are planning their next step as a top security official investigates who leaked the draft.
But many questions remain about how the investigation will be carried out and whether a federal crime was committed. Separately, there are questions about what powers the Marshal may use to find the person who leaked the documents. The draft's provocative rhetoric also is generating concern that LGTBQ advances and other matters based on the right to privacy could be vulnerable in a newly hostile political environment.
The draft opinion, written by Justice Samuel Alito, a member of the court's 6-3 conservative majority, argues that unenumerated constitutional rights - those not explicitly mentioned in the document - must be"deeply rooted in the Nation's history and traditions." And it says abortion doesn't meet that standard.
Alito, in the draft opinion, explicitly states that the court is only targeting the right to abortion, not those other matters. Obergefell, moreover, relies on the Constitution's Equal Protection Clause as well as the right to privacy. Until now, the court has allowed states to regulate but not ban abortion before the point of viability, around 24 weeks. The court's three liberal justices appeared certain to be in dissent.
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