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Court has voted to overturn Roe, according to draft opinion published by Politico

nighttime scene in front of supreme court, with crowd of people holding signs supporting abortion rights

The Supreme Court has voted to overturn Roe v. Wade and Planned Parenthood v. Casey, according to a copy of an apparent draft opinion obtained by Politico.

Obtained by reporters Josh Gerstein and Alexander Ward, the 98-page draft opinion by Justice Samuel Alito is dated Feb. 10, 2022. It is styled as the “opinion of the Court” in Dobbs v. Jackson Women’s Health Organization, in which Mississippi and its supporters have asked the justices to eliminate the constitutional right to abortion that was first established by Roe in 1973 and re-affirmed by Casey in 1992.

Initial votes on the outcome of a case can change — and the wording of opinions frequently does — as the justices deliberate and circulate draft opinions. The court is expected to release its decision in Dobbs in the next two months.

nighttime scene of people seated on ground with candles in front of supreme court

Demonstrators lit candles and held signs in front of the court on Monday night. (Katie Barlow)

Stressing that abortion “presents a profound moral question,” Alito’s draft concludes that the Constitution “does not prohibit the citizens of each State from regulating and prohibiting abortion.” He describes Roe as “egregiously wrong from the start.”

In a staff email, Politico’s executive editor, Dafna Linzer, wrote: “After an extensive review process, we are confident of the authenticity of the draft. This unprecedented view into the justices’ deliberations is plainly news of great public interest.”

Recommended Citation: Amy Howe and James Romoser, Court has voted to overturn Roe, according to draft opinion published by Politico, SCOTUSblog (May. 2, 2022, 10:17 PM),