The US Supreme Court upheld the veracity of a draft containing the judges’ decision to overturn the country’s abortion law, but said the version was not final.
The document was leaked on Monday (2) and caused controversy in the United States, where the voluntary termination of pregnancy has been legal since the 1970s.
Chief Justice John Roberts said on Tuesday that the document is true and that an investigation into the leak will be opened. However, Roberts said the version is not final.
Earlier, US President Joe Biden said that if the Supreme Court decides to overturn the legality of abortion, his administration will guarantee the protection of “a woman’s right to choose”.
The Supreme Court has yet to say if and when it will release a final decision from the judges’ votes, which were cast in a reserved manner.
On Monday, the Politico website obtained an early version, not yet officially released, of a draft report showing that the United States Supreme Court justices voted, in a reserved way, to overturn the decision of the 1970s. guaranteeing access to abortion.
The decision is to this day known as “Roe v Wade”, in which, on January 22, 1973, the United States Supreme Court ruled that the right to respect for private life guaranteed by the Constitution applied to abortion.
In a lawsuit filed three years earlier in a Texas court, Jane Roe, alias Norma McCorvey, a third-time pregnant single mother, attacked the constitutionality of the Texas law making abortion a crime.
The highest court in the country took over the matter months later, in an appeal by Jane Roe against Dallas prosecutor Henry Wade, but also in another by a doctor and a childless couple who wanted to be able to practice, or undergo, a voluntary termination of pregnancy legally.
After hearing the parties twice, the Supreme Court waited for the November 1972 presidential election and the re-election of Republican Richard Nixon to issue its decision, by seven votes to two.
Recognizing the “sensitive and emotional nature of the abortion debate, the starkly opposing views, including among physicians, and the deep and absolute convictions that the issue inspires,” the high court eventually struck down Texas’ abortion laws.