Leaked Supreme Court draft ruling on Roe v. Wade: What you need to know

The Supreme Court voted to overturn the landmark Roe v. Wade ruling protecting abortion rights, according to a leaked draft of a majority opinion obtained by Politico.

The draft opinion is a resounding rejection of the 1973 decision, throwing into jeopardy previously guaranteed federal abortion rights. In many states, abortion would become illegal immediately if the opinion stands, but that is not necessarily the case in Pennsylvania and New Jersey.

Here’s what to know.

» READ MORE: Leaked Supreme Court draft opinion would overturn Roe v. Wade, Politico reports

Roe v. Wade is the landmark Supreme Court decision in 1973 that guaranteed federal constitutional protections of abortion rights. A 1992 decision in Planned Parenthood v. Casey strengthened and maintained those rights.

You can read the ruling here.

In the leaked draft of the opinion deciding Dobbs v. Jackson Women’s Health Organization, Justice Samuel A. Alito Jr. wrote that “Roe was egregiously wrong from the start” and that Roe and 1992′s Planned Parenthood v. Casey, “must be overruled.”

» READ MORE: Read Alito's leaked draft opinion

“We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives,” Alito wrote.

» READ MORE: How the Mississippi Supreme Court case could impact abortion access in Pa. and N.J.

The draft was circulated among the members of the court on Feb. 10. Oral arguments in the case happened in December. The court is set to publish its final decision by the end of June, when the court recesses for the summer.

It is not the court’s final opinion and may change in the forthcoming months.

The court’s decision on Dobbs v. Jackson will be the culmination of a case sparked by a 2018 law in Mississippi that made abortions after 15 weeks illegal.

Then-Mississippi Gov. Phil Bryant signed into law what would become the nation’s toughest and most restrictive abortion law, the Gestational Age Act. The law bans abortions after 15 weeks except in the case of a severe medical emergency or fetal abnormality.

The Mississippi law was enacted in 2018, but was blocked after a federal court challenge.

The state’s lone abortion clinic, Jackson Women’s Health Organization, sued the state to defend and uphold abortion rights in Mississippi. The Supreme Court ultimately took up the case.

While Mississippi did not explicitly request to overturn Roe, abortion-rights advocates have repeatedly said that the Supreme Court could not uphold the Mississippi law without drastically shaking the foundations of Roe, if not wholly overturning it.

The decision would have earth-shattering consequences in American politics, allowing states to enact broad abortion bans and potentially strip people of their right to terminate pregnancies, likely disproportionately impacting people of color and low-income people.

If it becomes the court’s final judgment, the bombshell decision could potentially set off political battles over abortion in states across the country, including Pennsylvania.

State legislatures regularly introduce legislation to restrict or increase access to abortion. But governors maintain veto power over these bills — which would remain true even in the event of a Roe reversal.

Pennsylvania Gov. Tom Wolf has repeatedly vetoed bills seeking to restrict abortion access over his two terms.

In Pennsylvania, abortions are governed primarily by the Abortion Control Act, which features a number of abortion access laws. Pennsylvania bans abortions after 24 weeks of pregnancy, requires parental consent for those under 18, institutes a 24-hour waiting period, and requires consultations discussing the risks and alternatives, among other facets.

» READ MORE: How a proposed amendment to the state constitution could affect abortion access in Pennsylvania

State funds can only be used to perform abortions in cases of rape or incest, or if the mother’s life is in danger.

“Abortion is and will remain legal in Pennsylvania,” Gov. Tom Wolf wrote on Twitter Monday night.

New Jersey guarantees abortion access under a state law signed in January by Gov. Phil Murphy. Murphy also signed a state law that expands contraception coverage required under private insurance and Medicaid from a 6-month supply to a 12-month supply.

Murphy signed the Freedom of Reproductive Choice Act in anticipation of the U.S. Supreme Court considering overturning Roe v. Wade.

“I want to assure every New Jerseyan that today’s news about the Supreme Court does not change access to abortion in our state,” Murphy wrote Monday night on Twitter. “Access to reproductive health care remains available to anyone who needs it in New Jersey.”

In Delaware, abortion is legal and would be even if Roe is overturned.

In 2017, the Delaware General Assembly passed a law that maintains protections granted by Roe v. Wade, even if it’s overturned. Last month, the General Assembly approved a bill that would allow physician assistants and advanced practice registered nurses to prescribe abortion medication, the Delaware News Journal reported.

The bill awaits the signature of Democratic Gov. John Carney.

Gov. Tom Wolf has repeatedly vetoed bills seeking to restrict abortion access over his time as governor — but if a Republican takes over in this year’s gubernatorial election, the landscape could drastically change.

» READ MORE: Here’s where candidates for Pa. Senate and governor stand on Texas’ abortion ban

Pennsylvania’s House and Senate are controlled by Republicans. A GOP-ruled executive and legislative branch could fast-track enacting laws to restrict abortion access.

In the GOP-controlled legislature, lawmakers are already looking at other ways to strip the Democratic governor’s power over abortion law — and potentially give it to voters.

All nine Republican gubernatorial candidates say they are for limiting or ending abortions, with at least one candidate sponsoring legislation that would ban abortion after a fetal heartbeat is detected, which usually occurs around six to eight weeks’ gestation.

The Associated Press contributed to this report.