PHILADELPHIA (CBS) — A bombshell new report suggests the Supreme Court is on the verge of overturning Roe. v. Wade and Tuesday morning there is a strong backlash from both sides of the abortion issue.
An official decision has yet to be made, but if this draft opinion is upheld, women could lose their federally protected abortion rights by the end of June – and it is already sparking protests.
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Hundreds of abortion rights supporters and opponents clashed outside the Supreme Court early Tuesday morning.
It’s a glimpse of the state-by-state struggle that could lay ahead for both sides after a bombshell new report suggests the Supreme Court’s conservative majority looks set to overturn Roe v. Wade, the 1973 case that legalized abortion.
A truly dark day in America with reports that the Supreme Court has voted to overturn Roe v. Wade.
This year, I signed the Reproductive Freedom of Choice Act – codifying a woman’s right to choose into state law. New Jersey will not backtrack on reproductive rights.
— Governor Phil Murphy (@GovMurphy) May 3, 2022
Pennsylvania Governor Tom Wolf and New Jersey Governor Phil Murphy have previously tweeted that if this decision becomes final, abortion will remain legal in Pennsylvania and New Jersey.
Abortion is and will remain legal in Pennsylvania.
3 things to remember:
1️⃣ An official decision has not yet been issued
2️⃣ Once #SCOTUS reigns, it is up to states to pass legislation to change abortion laws
3️⃣ I will veto any anti-choice legislation that lands on my desk https://t.co/kbBGadiMMS
— Governor Tom Wolf (@GovernorTomWolf) May 3, 2022
Politico says it obtained a 98-page draft opinion that was distributed to judges earlier this year.
The court’s opinion isn’t official until it’s released, and it’s unclear if it’s the final version.
The project is in response to a case regarding the Mississippi abortion ban, banning most abortions after 16 weeks. The judgment is expected in July.
“If the draft notice is upheld, it means women will be living in two very different Americas,” said Jessica Levinson, a law professor at Loyola.
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Loyola law professor Jessica Levinson notes that about half of states want to ban or severely restrict abortions.
“I think it was totally expected, and I still think it’s beautiful,” Levinson said.
Although the court says it is not commenting on the report, sources told CBS News that Chief Justice John Roberts is likely to order an investigation that includes the FBI to determine the source of the leak.
Former President Trump’s nominees were pressed by Democrats in their confirmation hearings on how they would govern if the issue arose.
House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer said in a scathing joint statement that if the report is true, conservative justices have “lied to the US Senate” and “tore up the Constitution. American”.
Several prominent Republicans have been active on Twitter, saying Roe v. Wade has always been flawed.
The decision only becomes official after it is published, which could happen in a few months.
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CBS News correspondent Natalie Brand contributed to this report.