According to a leaked initial draft of the new opinion, the Supreme Court is poised to overturn the constitutionally protected right to abortion.
The draft was written by Justice Samuel Alito, who is a member of the Supreme Court.
According to a report published Monday night, Alito wrote in the 98-page draft decision that the Supreme Court must overrule the decision.
The high court's 1992 ruling in the case of Planned Parenthood v.Casey solidified the constitutional protections for women.
The justice wrote in the draft that it was time to return the issue of abortion to the people.
The report said that Alito wrote that Roe was egregiously wrong from the beginning.
CNBC has been unable to confirm the authenticity of the draft opinion, which was leaked to the justices in February, and to which the court's three liberal members are writing dissents.
It's not clear if there have been any changes to the draft since it was first published.
If the draft opinion is issued by the court before its term ends, it will leave individual states to decide when and how a woman can have an abortion. A bill that would ban most abortions after six weeks of pregnancy was passed by the Oklahoma House.
The Supreme Court ruling anticipated in Alito's draft would be a monumental victory for religious conservatives, who have pushed states to adopt laws limiting abortion rights.
Supreme Court draft opinions are not always set in stone, and justices can change their positions after a copy of a draft is sent to them.
There has been no draft decision in the modern history of the court that has been made public. The most controversial case on the docket this term is bound to intensify the debate after the revelation.
It's impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff. The leak is the most unforgivable sin.
After an extensive review process, we are confident of the authenticity of the draft, according to an editor's note written by the executive editor.
This unprecedented view into the justices deliberations is news of great public interest.
A Supreme Court spokeswoman declined to speak to CNBC.
The case centered on a Mississippi law that would ban almost all abortions after 15 weeks of pregnancy.
The law was blocked by lower federal courts because it violated legal protections established by the decisions of the Supreme Court.
The rulings protect abortion before the point of fetal viability, and require that laws regulating abortion not pose anundue burden.
The liberal justices expressed grave fears about the consequences of the court, which had already become a flashpoint for controversy and was facing all-time low approval from the public.
The public perception that the Constitution and its reading are just political acts will be a problem for this institution.
Alito wrote in the draft opinion that the right to abortion is not protected by any constitutional provision, and that the defenders of the right to abortion rely on that provision.
Alito wrote that the abortion right is similar to the rights recognized in past decisions involving matters such as intimate sexual relations, contraception, and marriage.
He said that abortion is fundamentally different because it destroys what those decisions called fetal life and what the law now before us describes.
The tradition of stare decisis, or deference toward court precedents, does not compel adherence to the law, according to Alito.
Alito said that the decision has had damaging consequences. The debate and division caused by the abortion issues have not been brought about by a national settlement.
Alito wrote "We end this opinion where we began."
Abortion has a profound moral question. The citizens of each state can regulate abortion. They arrogated that authority. The authority to make those decisions has been returned to the people and their elected representatives.
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