Leaked draft shows US court set to strike down abortion rights: Politico

Protesters outside the US Supreme Court against the draft majority opinion written by Justice Samuel Alito to overturn the landmark Roe v. Wade abortion rights decision later this year. (Reuters)
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Updated 03 May 2022
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Leaked draft shows US court set to strike down abortion rights: Politico

  • Draft opinion was written by Justice Samuel Alito and has been circulating inside the conservative-dominated court since February

WASHINGTON: The Supreme Court is poised to strike down the right to abortion in the United States, according to a leaked draft of a majority opinion that would shred nearly 50 years of constitutional protections.
The draft opinion was written by Justice Samuel Alito and has been circulating inside the conservative-dominated court since February, the news outlet Politico reported.
The leak of a draft opinion while a case is still pending is an extraordinary breach of Supreme Court secrecy.
The 98-page draft majority opinion calls the landmark 1973 Roe v. Wade decision enshrining the right to abortion “egregiously wrong from the start.”
“We hold that Roe and Casey must be overruled,” Alito writes in the document, labeled as the “Opinion of the Court” and published on Politico’s website. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
In Roe v. Wade, the nation’s highest court held that access to abortion is a woman’s constitutional right.
In a 1992 ruling, Planned Parenthood v. Casey, the court guaranteed a woman’s right to an abortion until the fetus is viable outside the womb, which is typically around 22 to 24 weeks of gestation.
“Abortion presents a profound moral question,” Alito wrote. “The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion.
“The inescapable conclusion is that a right to an abortion is not deeply rooted in the Nation’s history and traditions,” he said.
Reproductive rights have been increasingly under threat in the United States in recent months as Republican-led states move to tighten restrictions with some seeking to ban all abortions after six weeks, before many women even know they are pregnant.
Right-wing politicians have launched an assault on abortion, with Democrats, led by President Joe Biden, fighting back to protect access to the procedure.
In December, hearing oral arguments about a Mississippi law that would ban most abortions after 15 weeks, the Supreme Court’s conservative majority appeared inclined to not only uphold the law but to toss out Roe v. Wade.
The nine-member court, dominated 6-3 by conservatives following the nomination of three justices by former president Donald Trump, is expected to issue a decision in the Mississippi case by June.
Politico, citing a person familiar with the court’s deliberations, said four other conservative justices — Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — had voted with Alito, the author of the first draft of the majority opinion.
It said the three liberal justices on the court were working on a dissent and it was unknown how Chief Justice John Roberts would ultimately vote.
Politico stressed that the document it obtained is a draft and justices do sometimes change their votes before a final ruling.
The leak of a draft opinion is extraordinary while a case is still being decided. Politico said it was the first time in modern history a draft opinion had been disclosed publicly.
“This is the equivalent of the Pentagon Papers leak, but at the Supreme Court,” said Neil Katyal, who served as solicitor general under president Barack Obama, in a reference to the leaked documents outlining US involvement in Vietnam.
“I’m pretty sure there has never ever been such a leak.”
Asked about the draft being circulated, a Supreme Court spokeswoman said: “The Court has no comment.”
The Guttmacher Institute, a pro-choice research group, has said that 26 states are “certain or likely” to ban abortion if the Roe is overturned.
Liberal states that decide to do so could still legally allow abortion even if the court overturns Roe v. Wade.
Planned Parenthood, which operates abortion clinics around the country, said the draft opinion is “outrageous” but cautioned that it “is not final.”
“While abortion is still legal, tonight’s report makes clear that our deepest fears are coming true,” it added. “We have reached a crisis moment for abortion access.”
A number of Democratic lawmakers took to Twitter to express concern about the threat to abortion rights.
“An extremist Supreme Court is poised to overturn Roe v. Wade and impose its far-right, unpopular views on the entire country,” said Senator Elizabeth Warren of Massachusetts.
Josh Hawley, a conservative Republican senator from Missouri, welcomed the Politico report.
“If this is the Court’s opinion, it’s a heck of an opinion,” Hawley said. “Voluminously researched, tightly argued, and morally powerful.”


Australia Day protesters demand Indigenous rights

Updated 7 sec ago
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Australia Day protesters demand Indigenous rights

SYDNEY: Thousands of people rallied in cities across Australia demanding justice and rights for Indigenous peoples on Monday, a national holiday marking the 1788 arrival of a British fleet in Sydney Harbor.
Crowds took to the streets in Sydney, Melbourne, Canberra, Perth and other cities on Australia Day, many with banners proclaiming: “Always was, always will be Aboriginal land.”
In Sydney, police allowed the protests to go ahead despite new curbs introduced after gunmen opened fire on a Jewish Hanukkah festival on Bondi Beach on December 14, killing 15 people.
Millions of Australians celebrate the annual holiday with beers and backyard barbecues or a day by the sea, and this year a broad heatwave was forecast to push the temperature in South Australian capital Adelaide to 45C.
Shark sightings forced people out of the water at several beaches in and around Sydney, however, after a string of shark attacks in the region this month — including one that led to the death of a 12-year-old boy.
Many activists describe the January 26, 1788, British landing as “Invasion Day,” a moment that ushered in a period of oppression, lost lands, massacres and Indigenous children being removed from their families.
Aboriginal and Torres Strait Islander peoples make up about four percent of the population.
They still have a life expectancy eight years shorter than other Australians, higher rates of incarceration and deaths in custody, steeper youth unemployment and poorer education.

- Anti-immigration protests -

“Let’s celebrate on another day, because everyone loves this country and everyone wants to celebrate. But we don’t celebrate on a mourning day,” Indigenous man Kody Bardy, 44, told AFP in Sydney.
Another Indigenous protester in Sydney, 23-year-old Reeyah Dinah Lotoanie, called for people to recognize that a genocide happened in Australia.
“Ships still came to Sydney and decided to kill so many of our people,” she said.
Separately, thousands of people joined anti-immigration “March for Australia” protests in several cities, with police in Melbourne mobilizing to keep the two demonstrations apart.
In Sydney, “March for Australia” protesters chanted, “Send them back.” Some carried banners reading: “Stop importing terrorists” or “One flag, one country, one people.”
“There’s nowhere for people to live now, the hospitals are full, the roads are full, you’ve got people living on the streets,” said one demonstrator, 66-year-old Rick Conners.
Several also held aloft placards calling for the release of high-profile neo-Nazi Joel Davis, who is in custody after being arrested in November on allegations of threatening a federal lawmaker.
“There will be no tolerance for violence or hate speech on Sydney streets,” New South Wales Premier Chris Minns told reporters.
“We live in a beautiful, multicultural community with people from around the world, but we will not tolerate a situation where on Australia’s national day, it’s being pulled down by divisive language, hate speech or racism,” he said.
“Police are ready and willing to engage with people that breach those rules.”