Apparent Leaked Draft Opinion Shows SCOTUS Voted To Overturn Roe v. Wade

May 3, 2022

Last night a leaked draft opinion from the U.S. Supreme Court indicates a majority of Justices have voted to overturn the 1973 Roe v. Wade and 1992 Planned Parenthood of Southeastern Pennsylvania v. Casey abortion decisions. The leaked copy of a draft opinion was obtained by Politico. 

This is regarding the case, Dobbs v. Jackson Women’s Health Organization, concerning a Mississippi law, known as the Gestational Age Act, enacted in 2018 that prohibits abortions after 15 weeks gestation, except in a medical emergency and in cases of severe fetal abnormality. 

Obtained by reporters Josh Gerstein and Alexander Ward, the 98-page draft opinion by Justice Samuel Alito is dated Feb. 10, 2022 and includes a 31-page appendix of historical state abortion laws. The document is replete with citations to previous court decisions, books and other authorities, and includes 118 footnotes. 

In the apparent draft labeled the “Opinion of the Court,” Justice Alito wrote, “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.” 

The draft opinion continues: “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely.” 

Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”

Liberty Counsel filed an amicus brief on behalf of a diverse group of organizations, churches, religious leaders, and individuals, including 70,000 African American and Hispanic churches and millions of African Americans and Hispanic Americans across the United States, who are asking SCOTUS to overturn Roe because legalized abortion is unconstitutional, violates the right to life, and supports racist eugenics. 

The High Court also cites to Liberty Counsel’s amicus brief in footnote 41. The Court notes that the  brief argues that the roots of abortion are “motivated by a desire to suppress the size of the African American population." This information was uniquely presented in Liberty Counsel’s amicus brief Brief for Amici Curiae African-American, Hispanic, Roman Catholic and Protestant Religious and Civil Rights Organization and Leaders Supporting Petitioners. The opinion continues, “And it is beyond dispute that Roe had had that demographic effect. A highly disproportional percentage of aborted fetuses are black.” 

Liberty Counsel Founder and Chairman Mat Staver said, “Though we want to celebrate the apparent victory of the High Court overturning Roe v. Wade, it is concerning that confidentiality would be breached in this situation by someone inside the Supreme Court. For many years, I have confidently said that I will live to see the Supreme Court overturn Roe v. Wade. We are now witnessing an historic event that will reverberate around the world. The abortion decisions did incalculable damage to the Supreme Court’s integrity because they were wrongly decided and have no connection with the Constitution. And the carnage left in the wake of Roe v. Wade cannot be measured. May God forgive and heal our land for this great sin. Crowds of people immediately gathered at the front of the Supreme Court which raises significant security concerns for the Justices. May God protect the Justices of the United States Supreme Court.” 



Liberty Counsel advances religious liberty, the sanctity of human life, and the family through litigation and education. We depend on your support, which enables us to represent people at no cost. Click here to GIVE NOW.
TAKE ACTION