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ALBANY, N.Y. (NEWS10) — An apparent first draft of a majority opinion from the Supreme Court leaked this week, laying out a justification for letting states apply different restrictions on reproductive choice. It does not represent a final decision but may signal what’s to come.
The 1973 Roe vs. Wade decision legalized abortion nationwide. It’s based on the right to privacy, which is not explicitly enshrined in the Constitution. One local legal expert said that the leaked opinion could indicate that the Supreme Court—which has a conservative majority is tightening its view of Americans’ privacy rights.
“Privacy rights are broadly viewed by the court, and broadly given to us,” said Leslie Silva, a family law attorney at Tully Rinckey. “It can be that, at this point, the court is looking to no longer follow that path, and to not give us privacy rights in that broad way, and perhaps restrict them a bit.”
Justice Samuel Alito, who authored the draft opinion, said the decision would not impact other rights based on privacy, like same-sex marriage.