Key passages in Justice Samuel Alito's draft opinion and the final ruling released Friday are identical.
was leaked in a nearly unprecedented breach of protocol that sent shockwaves through the country. The marshal of the Supreme Court is investigating what Roberts has described as “egregious breach of trust.”KEY PASSAGES REMAIN UNCHANGED
Alito writes that the Constitution “makes no reference to abortion” and that the due process clause of the Fourteenth Amendment does not protect such a right. While that provision guarantees some rights that are not named in the Constitution, those rights have been “deeply rooted in this Nation's history and tradition,” Alito wrote. Abortion has not been, he argues.“It is time to heed the Constitution and return the issue of abortion to the people's elected representatives,” he wrote.
Alito writes that the most “striking feature" of the dissent is the lack of"any serious discussion of the legitimacy of the States' interest in protecting human life." The liberal justices, Alito argues, discuss issues like the burdens of motherhood, which he says are “important concerns." But they display “no similar regard for a State's interest in protecting prenatal life,” he writes.
Roberts writes that he would “leave for another day” the question of whether Roe should be overturned and “take a more measured course.” Roberts said he would do away with the “viability line” — or prior holding that the Constitution protects the right to an abortion up until the point of when a fetus is viable outside the womb.
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