According to documents released by Politico, a historic decision could be made in the case of American abortion regulation.

A huge scandal is unfolding in the United States after an unprecedented leak of a draft of a long-awaited decision by the US Federal Supreme Court. According to a document seen by Politico, the panel voted to overturn a landmark 1973 decision on abortion rights, and protesters have already begun gathering in Washington.

If the documents made public by Politico are real, and the subsequent verdict will be similar, then a decision of historic significance may be made in the case of American abortion regulation. The ruling in Roe v. Wade in 1973 actually transferred the regulation of abortion from the hands of the member states to the federal government. The Supreme Court's ruling could change this and restore the pre-'73 situation, so member states could individually regulate what abortion options they allow their residents.

The leaked document, which was not confirmed but not denied by the US Supreme Court, was created in February and was intended for internal use, which is considered completely normal in the operation of the Supreme Court. Judges debate each verdict for months and try to convince each other that they are right. However, it is telling from the point of view of the verdict, which is expected to be delivered within a few months, that Associate Justice Samuel Alito treats the decision as a foregone conclusion.

“We believe Roe and Casey should be overruled. It is time to follow the constitution and return the issue of abortion rights to elected representatives"

Alito writes in a document with the working title, The Court's Opinion.

The draft opinion also strongly rejected a later 1992 court decision (Planned Parenthood v. Casey) that essentially upheld the right to abortion. A decision in this direction would not be completely unexpected, as conservative judges who generally support the cancellation of the 1973 judgment are in the majority on the board, so it would be a much bigger surprise if everything remained unchanged.

Another very interesting question from the point of view of the topic is that

how could such a document be leaked, since only a very narrow circle - including the judges - about forty, mostly young lawyers - can see the cases discussed by the Supreme Court, and if someone is caught leaking, they can practically say goodbye to the legal career in the United States.

Abortion is one of the most divisive topics in American political life, so speculation has already begun as to whose interests it may have been to intervene in the legislative process. Conservative experts predicted immediately after the publication of the article that demonstrations would begin in order to try to put pressure on the Supreme Court and to get one of the members of the nine-member panel to change its decision before the verdict is delivered. They weren't wrong about that...

Cover photo: A rally in support of abortion rights, timed for International Women's Day, in New York on March 8, 2022. A pending case at the US Supreme Court could lead to a ruling that could overturn the 1973 Roe v. Wade ruling that gave women the right to an abortion in the US (Photo: EPA/Justin Lane)