The Supreme Court has voted to strike down the landmark Roe v. Wade decision, according to an initial draft majority opinion written by Justice Samuel Alito circulated inside the court and obtained by POLITICO.

And now, Virginia Republican Attorney General Jason Miyares has led the charge in calling on the U.S. Supreme Court to overrule Roe v. Wade.

On other hand, the Guttmacher Institute, a New York-based pro-choice research organization, reported last year that 22 states already have anti-abortion laws that would kick in as soon as Roe v. Wade falls.

Those states are Alabama, Arizona, Arkansas, Georgia, Idaho, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, and Wyoming.

Nine states in this group have pre-Roe abortion restrictions still on the books; 13 states have a so-called “trigger ban” that is tied to Roe being overturned, and five states have laws passed after Roe restricting nearly all abortions.

Another dozen states have six- or eight-week abortion restrictions that are not currently in effect, while one state — Texas — has a six-week abortion restriction in effect, and four states have constitutions that bar a right to abortion.

Under the state’s previously Democratic-led administration, Virginia joined 21 other states in urging the justices to invalidate Mississippi’s 15-week abortion ban and reaffirm the core holding of the court’s 1973 decision in Roe.

Miyares has overruled that and is arguing in favor of giving states the power to enact stricter anti-abortion laws.

Here’s what AG Miyares told the justices in a letter:

“The [new] Attorney General has reconsidered Virginia’s position in this case. Virginia is now of the view that the Constitution is silent on the question of abortion, and that it is therefore up to the people in the several states to determine the legal status and regulatory treatment of abortion.”

Miyares said Virginia will be aligning with 19 Republican attorneys general and a dozen red-state governors across the country in calling for states to control abortion laws.

A majority of Supreme Court justices remain in favor of overturning Roe v. Wade after a draft of the majority opinion was written in February and leaked earlier this month.

Sources told The Washington Post that at least 5 justices, a majority on the court, have not changed their votes.

Here’s what The Washington Post reported:

“Three conservatives close to the court, the majority of five justices to strike Roe remains intact,” a question that has stirred those on both sides of the debate that has erupted around the future of abortion law in the U.S. in the wake of the leaked draft.

“The leaked draft opinion is dated in February and is almost surely obsolete now, as justices have had time to offer dissents and revisions. But as of last week, the majority of five justices to strike Roe remains intact, according to three conservatives close to the court who, like others, spoke on the condition of anonymity to discuss a sensitive matter,” the WaPo report stated.

“A person close to the most conservative members of the court said Roberts told his fellow jurists in a private conference in early December that he planned to uphold the state law and write an opinion that left Roe and Casey in place for now. But the other conservatives were more interested in an opinion that overturned the precedents, the person said. A spokeswoman for the court declined to comment, and messages extended to justices were unreturned,” the report added.

Conservative Brief noted:

It’s assumed that Justices Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett voted in favor of overturning Roe v Wade.

The court’s three liberals — Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan — are presumed to have voted against overturning it.

It’s not clear how Roberts voted.

Sources: Conservativebrief, Politico, The Washington Post

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