Leaked draft opinion suggests Supreme Court voted to overturn Roe v. Wade

Amber CoakleyMay 3, 2022

A crowd of people gather outside the Supreme Court, early Tuesday, May 3, 2022 in Washington. A draft opinion circulated among Supreme Court justices suggests that earlier this year a majority of them had thrown support behind overturning the 1973 case Roe v. Wade that legalized abortion nationwide, according to a report published Monday night in Politico. It’s unclear if the draft represents the court’s final word on the matter. The Associated Press could not immediately confirm the authenticity of the draft Politico posted, which if verified marks a shocking revelation of the high court’s secretive deliberation process, particularly before a case is formally decided. (AP Photo/Alex Brandon)

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UPDATED 6:42 AM PT – Tuesday, May 3, 2022

A Supreme Court draft opinion was recently released, suggesting justices voted to reverse Roe v. Wade. According to an exclusive report on Monday, Justice Samuel Alito wrote in the majority opinion, “We hold that Roe v. Wade and Planned Parenthood v. Casey must be overruled.”

The court is expected to decide the future of the landmark abortion ruling this summer. In the meantime, the court’s holding will not be final until it is published likely in the next two months.

Protesters gathered in front of the Supreme Court building in reaction to the possible repeal of Roe v. Wade. On Monday, a draft majority opinion on the Mississippi abortion bill case was released in the media. The 98 page opinion written by Justice Samuel Alito stated Roe and Casey v. Planned Parenthood must be overruled.

Soon after the opinion was leaked, barricades were set up in front of the Supreme Court as an accumulation of protestors was soon to follow. Many demonstrators were passionate about retaining Roe as they see abortion as a right. However, some attendees came from the pro-life movement and voiced their support for the end of the federal abortion ruling.

Happening NOW: Protesters are arriving at the Supreme Court following the leaked SCOTUS draft voting to end abortion rights in the United States and overturn Roe V. Wade.

Video credit: @Osinttechnical. pic.twitter.com/LNIXK5dKz3

— Vishal P. Singh (they/he) 🏳️‍⚧️ (@VPS_Reports) May 3, 2022

Roe v. Wade was originally passed in a seven-to-two ruling in 1973 and federally legalized abortions in the United States. If it were to be overturned, each state would have jurisdiction over its own abortion laws.

Some states, such as Mississippi, have trigger laws, which would immediately outlaw abortions should Roe be repealed. California, on the other hand, would expand abortion access and provide legal protection for those seeking the procedure from out-of-state.

The opinion draft’s release is a rarity in Supreme Court history. Jessica Gresko of the Associated Press said very few individuals have access to such documents and swear not to disclose them to the public.

“The clerks who work with the justices sign a an oath that promises that they won’t divulge secrets of the process,” she explained. “And there is a very, very small group of people that would be in a position to see a draft opinion and leak it.”

Gresko also said the opinion is not set in stone and may not represent the final ruling on the case. Spokesperson Patricia McCabe said the nation’s highest court has no statement on the matter at this time.