The Supreme Court of the United States is preparing to annul the right to abortion

The US Supreme Court is set to overturn a landmark ruling that has recognized the right to abortion for nearly half a century, according to a leaked draft decision that has the effect of a bombshell in Washington.

The Politico news site, based on an unpublished leak of documents, indicated late Monday that it had obtained the preliminary draft of a majority decision written by conservative judge Samuel Alito and dated February 10.

Hundreds of people spontaneously gathered in front of the Supreme Court in Washington, some to protest, others to rejoice.

Roe v. Wade who, in 1973, considered that the American Constitution protected the right of women to have an abortion, was "totally unfounded from the start", according to this 98-page text which can be the subject of negotiations until June 30.

"We believe that Roe v. Wade must be overturned,” wrote Samuel Alito in the document, called “Court Opinion” and published by Politico.

"Abortion is a deep moral issue," Alito said. "The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion."

“The inescapable conclusion is that the right to abortion is not deeply rooted in the history and traditions of the Nation,” he said. It “is not protected by any provision of the Constitution”.

If this conclusion is accepted by the High Court, the United States will return to the situation before 1973 when each state was free to prohibit or authorize abortion.

Given the significant geographical and political divisions on the subject, half of the States, especially in the South and the conservative and religious center, should quickly banish it from their soil.

Democratic officials have denounced the possible decision.

“If this information is correct, the Supreme Court is poised to impose the strongest restriction of rights in fifty years, not just on women but on all Americans,” warned House Speaker Nancy Pelosi and the leader of the Democratic senators, Chuck Schumer.

Conservative majority

The Supreme Court was radically overhauled by former Republican President Donald Trump, who brought in three judges, reinforcing his conservative majority (six judges out of nine).

Since September, she has sent several favorable signals to opponents of abortion and refused to prevent the entry into force of a Texas law limiting the right to an abortion to the first six weeks of pregnancy against two trimesters in the current legal framework. .

During the December review of a Mississippi law, which also questioned the legal deadline for an abortion, a majority of its magistrates clearly implied that they were ready to nibble or even overturn Roe v. Wade. The Court's decision in this case is expected in June.

The document presented by Politico relates to this file. Its publication constitutes an extremely rare leak for the Supreme Court, where the secrecy of the deliberations has almost never been violated.

According to Politico, which cites a person with knowledge of the court's deliberations, four other conservative justices — Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — voted with Samuel Alito, the three liberal justices are working to a dissenting position and the final vote of the President of the Court, John Roberts, remains unknown.

"I'm pretty sure there has never been such a leak" in the Supreme Court, commented on Twitter the lawyer Neal Katyal who has repeatedly pleaded for the government of Barack Obama before the high court. For him, “several signs” suggest that the document is authentic.

Questioned by AFP, the Court declined to comment.

Spontaneous events

Hundreds of defenders of the right to abortion but also of people contesting this right met spontaneously in the evening in front of the Supreme Court in Washington.

In the crowd that chanted "my body, my choice", Abby Korb, 23-year-old student and parliamentary assistant, told AFP that she was "literally in a state of shock". For her, “making abortions illegal is not going to end them, it will just make them more dangerous”.

Claire Rowan, 55, mother of seven children who came with some of them, does not hide her enthusiasm. She hopes people will "ask God for forgiveness" so the United States can "heal."

The editorial staff (with AFP)

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