Explosive SCOTUS Opinion on Roe v. Wade

May 3, 2022

“We hold that Roe and Casey must be overruled,” Justice Samuel Alito wrote in a leaked draft opinion that has a majority of the Justices overruling these abortion decisions. Chief Justice John Roberts confirmed that the leaked opinion is real, but also said it does not represent the Court until officially released. He promised to find the leaker. Read on to learn what this means, and why we must pray even harder than before. —Mat

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Yesterday was a big day in many ways. Liberty Counsel won the Christian flag case at the Supreme Court 9-0. It is exceptionally rare to get a unanimous Court. I had planned on writing to you today about this huge win and the impact it will have across the country. I will now do so later this week.

Then, last night, news broke about the leak of the draft opinion overruling Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. At first it seemed surreal, but then I read the 98-page opinion. Justice Alito dismantles the abortion decisions. When officially released, it will overturn every abortion decision by the Supreme Court since 1973.

For the past 20 years, I have confidently stated that Roe will be overturned in my lifetime. We are witnessing an historic event. While this will save the lives of millions of children, the battle will intensify in Congress and the states.

Writing for the majority opinion, Justice Alito left no doubt about dismantling the horrible abortion decisions, writing, 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.”

Justice Alito’s 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’s “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 asking the Supreme Court to overturn Roe and Casey because legalized abortion is unconstitutional, violates the right to life and supports racist eugenics.

The Court cites Liberty Counsel’s amicus brief in footnote 41 of the draft opinion. The Court notes our 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. The opinion continues, “And it is beyond dispute that Roe had had that demographic effect. A highly disproportional percentage of aborted fetuses are black.”

As a pastor in 1983, I watched the documentary Assignment Life. This began my journey from pastoral ministry to law. Anita and I founded Liberty Counsel to advance the sanctity of human life and religious freedom. The first case I argued before the U.S. Supreme Court was in defense of pro-life sidewalk counselors. We have dedicated our lives to this fight.

Liberty Counsel will now be busier than ever defending innocent life. Help us advance life and religious freedom through our Challenge Grant that will DOUBLE the impact of your gift.

Though we want to celebrate the apparent victory of the High Court overturning Roe v. Wade, it is concerning that confidentiality was 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. We are now witnessing a 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. 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 in front of the Supreme Court, which raises significant security concerns for the Justices. May God protect the Justices of the United States Supreme Court.

In 1992, the Court had voted to overturn Roe v. Wade while hearing the landmark case Planned Parenthood v. Casey. But on the last day of May, Justice Kennedy changed his vote and America was stuck with the continual shedding of innocent blood. It’s not over until this opinion is officially released, which I pray is soon.

Justices Alito, Thomas, Gorsuch, Kavanaugh and Barrett sided with the majority. We do not know the votes of the other Justices, but we do know it is at least a 5-4 and perhaps a 6-3 decision. As we speak, our Ministry Center, directly across the road from the Supreme Court, is hosting the annual Bible Reading Marathon where the Bible is read from Genesis to Revelation. The Bible reading began Saturday and will conclude this week leading up to the National Day of Prayer. The Word of God is being read at this very moment. How appropriate and timely.

Liberty Counsel has multiple cases pending before state and federal courts as well as the Supreme Court, and we have petitioned for class certification in our case Navy SEAL 1 v. Austin, defending against Joe Biden’s attempts to purge Christians from our armed services.

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Please pray in the spirit of 2 Chronicles 7:14, that God will heal our land.

Mat Staver, Founder and Chairman
Liberty Counsel


Ertelt, Steven. “Chief Justice John Roberts Confirms Draft Overturning Roe Is Real, Will Launch Investigation.” LifeNews, May 3, 2022. https://www.lifenews.com/2022/05/03/chief-justice-john-roberts-confirms-draft-overturning-roe-is-real-will-launch-investigation/.

Gerstein, Josh, and Alexander Ward. “Exclusive: Supreme Court Has Voted to Overturn Abortion Rights, Draft Opinion Shows.” POLITICO, May 2, 2022. https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473.