Confirmed: Now What's Next?

May 4, 2022

For decades, activist Judges have invented “rights” not found in the U.S. Constitution, effectively acting as unelected legislative bodies usurping Congress by creating new laws from whole cloth.

The majority opinion leaked Monday night is an indication this High Court is seeking to right the wrongs of the past by returning to the Constitution as written. Chief Justice Roberts confirmed the leaked opinion is authentic, but until the Court officially releases the opinion, it does not yet represent the Court’s decision. When it is released, the battle in Congress and the states will intensify. Our work defending the unborn will increase. Read on. —Mat

The work defending life is far from over. Help Liberty Counsel fight for life & have YOUR IMPACT DOUBLED by the Challenge Grant!

In the leaked opinion, Justice Samuel Alito puts the issue into proper context.

The Constitution never hints at a “right” to abortion. “The Constitution makes no express reference to a right to obtain an abortion, and therefore those who claim that it protects such a right must show that the right is somehow implicit in the constitutional text,” Justice Alito wrote. “Roe, however, was remarkably loose in its treatment of the constitutional text. It held that the abortion right, which is not mentioned in the Constitution, is a part of a right to privacy, which is also not mentioned” (emphasis added).

There is no historical or common law “right” to abortion. Instead, Justice Alito’s draft opinion rightly notes that history itself does not support the abortionists’ arguments.

“Until the latter part of the 20th century, there was no support in American law for a constitutional right to obtain an abortion. Zero. None. No state constitutional provision had recognized such a right. Until a few years before Roe was handed down, no federal or state court had recognized such a right.”

Justice Alito explains, “Not only was there no support for such a constitutional right until shortly before Roe, but abortion has long been a crime in every single State. At common law, abortion was criminal in at least some stages of pregnancy and was regarded as unlawful and could have very serious consequences at all stages. American law followed the common law until a wave of statutory restrictions in the 1800s expanded criminal liability for abortions. By the time of the adoption of the Fourteenth Amendment, three-quarters of the States had made abortion a crime at any stage of pregnancy, and the remaining States would soon follow” (emphasis added).

“The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions” (emphasis added).

“Roe was on a collision course with the Constitution from the day it was decided,” Justice Alito wrote. “ ... the Court usurped the power to address a question of profound moral and social importance that the Constitution unequivocally leaves for the people” (emphasis added).

A law clerk angry over the draft opinion is suspected of leaking it. Some say this clerk is from Boston, the city against which the High Court issued a 9-0 ruling Monday in our Christian flag case, Shurtleff v. City of Boston. The only reason to leak such an opinion is to put political pressure on the Justices, and, whether intended or not, it also places their lives in peril. If a Justice dies before an opinion is officially released, that vote is not counted. When Justice Scalia died, his vote was not counted in the union dues case, and thus the result was a 4-4 split. We must pray the Justices are protected and do not change their vote, as happened in the last 30 days before the Planned Parenthood v. Casey decision was released in 1992.

The work defending life is far from over. Help Liberty Counsel fight for life!

The opinion authored by Justice Alito will have far-reaching effects beyond abortion. For example, he wrote that “we cannot exceed the scope of our authority under the Constitution, and we cannot allow our decisions to be affected by any extraneous influences such as concern about the public’s reaction to our work” (emphasis added).

“We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulation [sic] abortion must be returned to the people and their elected representatives.”

This draft opinion is powerful. However, the battle over abortion in Congress and the states will heat up and create yet more pro-life legal and legislative work for us here at Liberty Counsel.

Please be in prayer for the Justices as abortion protesters have now surrounded the Supreme Court. Witches have tried to set up spell candles around our office near the Court. And unhinged people waving wire hangers are screaming obscenities day and night.

Be in prayer that the Justices remain steadfast in their resolve to end Roe v. Wade once and for all. In 1992, the High Court had voted and was poised to overturn Roe. But at the very last moment, Justice Kennedy changed his vote, allowing Roe to stand. Be in prayer that the majority stands firm!

Meanwhile, Liberty Counsel continues to defend the right to life, family values and religious freedom across the country and before the U.S. Supreme Court, where we just achieved a rare 9-0 win on our Christian flag case. And our work defending the military against Biden’s unlawful shot orders also continues.

Please, consider a much-needed recurring monthly gift to fund our work, and the Challenge Grant will DOUBLE THE IMPACT of your donation!

Mat Staver
Founder and Chairman
Liberty Counsel

P.S. Want to take an additional stand for religious freedom? Fax state and federal legislators to demand they STOP THE SHOT MANDATES! And sign the petition.


“Apparent Leaked Draft Opinion Shows Scotus Voted to Overturn Roe v. Wade.” Liberty Counsel, May 3, 2022.

Ertelt, Steven. “Chief Justice John Roberts Confirms Draft Overturning Roe Is Real, Will Launch Investigation.” LifeNews, May 3, 2022.

Gerstein, Josh, and Alexander Ward. “Exclusive: Supreme Court Has Voted to Overturn Abortion Rights, Draft Opinion Shows.” POLITICO, May 2, 2022.