The ruling which legalised abortion nationwide in America almost 50 years ago is set to be overturned by the US Supreme Court, according to a leaked document.
It has prompted an angry backlash, with protests across the country.
President Joe Biden weighed in by saying he opposes any change to the law, adding: “A woman’s right to choose is fundamental.”
The leaked document shows a draft opinion indicating the Supreme Court will strike down the Roe v Wade ruling of 1973.
It would shift responsibilty to individual states, meaning elected officials in each state would decide whether or not women should be allowed abortions, including in cases of rape.
Of the 50 states, 26 are likely to ban abortion if Roe v Wade and the 1992 Planned Parenthood vs Casey are overturned. Eighteen states already have restrictive abortion laws.
The draft opinion, written by Justice Samuel Alito, said: “Roe was egregiously wrong from the start. We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
It is unprecedented for a pending US Supreme Court decision to be leaked. The document indicates a majority of the nation’s nine highest judges have voted to overturn Roe v Wade.
Republicans have demanded an inquiry into the leak, claiming it is an attempt to influence the court ahead of its formal ruling which is not expected to be finalised for weeks.
All five judges who voted against Roe v Wade were appointed by Republican presidents.
Democrats have vowed to codify the legal right to abortion into law.
NARAL Pro-Choice America said: “We need to brace for more people [being] criminalised for seeking and providing abortion care.” Anti-abortion supporters also took to the streets.
