Leaked Draft Opinion Indicates Supreme Court Could Overturn Roe v Wade, but Kingdom Leaders Leery of Authenticity

A leaked Supreme Court draft opinion written by Justice Samuel Alito indicates that the court may be preparing to strike down the 1973 landmark Roe v. Wade decision that made abortion a constitutional right in America, according to a Politico report released Monday.

The 67-page document labeled a “1st Draft” of the “Opinion of the Court” is a complete rejection of Roe v. Wade and the subsequent 1992 decision of Planned Parenthood v. Casey, which affirmed the right to an abortion. The opinion would effectively eliminate abortion protections on a federal level and return the contentious issue back to the states.

“Roe was egregiously wrong from the start,” writes Alito, who was appointed by former President George W. Bush and is a member of the court’s 6-3 conservative majority. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

The draft opinion continues, saying: “Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.”

Politico’s headline read, “Supreme Court Has Voted to Overturn Abortion Rights, Draft Opinion Shows.” The draft opinion, written in February, could not be independently verified. Politico said it received “a copy of the draft opinion from a person familiar with the court’s proceedings in the Mississippi case along with other details supporting the authenticity of the document.”

A Supreme Court spokeswoman has declined to comment on the matter.

Brooke Rollins, president and CEO of the America First Policy Institute, is leery about the authenticity of the document.

“This leak of a draft Court opinion is unprecedented and deserves a full investigation,” Rollins said in a statement. “Decisions by the highest court in the land should be made through careful consideration of the Constitution, not politically motivated pressure campaigns. We will reserve comment until the final Court decision is published.”

Dr. Alveda King, chairperson of Center for the American Dream AFPI and founder and CEO of the pro-life organization Speak for Life, is also reserving judgment on the leaked document.

“As we await the United States Supreme Court decision on the Dobbs case, ‘we the people’ seek divine wisdom as we continue to hope and pray for God’s mercy and victory for life from the womb to the tomb,” King told Charisma News. “God will have the final say in this.”

Evangelist Franklin Graham said on Facebook: “Praise God! The Supreme Court has voted to overturn Roe v. Wade according to Politico, which received a supposedly leaked copy of the opinion draft. I don’t know if this report is true, but if it is, it’s an answer to many years of prayers.”

The issue before the court is a Mississippi law that bans virtually all abortions after 15 weeks. Mississippi is directly challenging Roe v. Wade and argues that the high court should get out of the business of crafting abortion policy and return the issue to the state legislatures to decide. The Supreme Court appeared sympathetic to Mississippi’s position during oral arguments in December.

If the justices rule in favor of the Mississippi law it would undermine Roe, and if they overrule Roe it would break with precedent.

The draft doesn’t necessarily represent the Supreme Court’s final decision, and opinions often change during the drafting process. The court is expected to rule on the case in late June or early July.

A decision to overturn Roe v. Wade would almost immediately lead to bans or tighter restrictions on abortion in the South and Midwest. However, any state could still legally allow the procedure.

Republican leaders praised the draft opinion.

Gov. Kristi Noem of South Dakota wrote that she would “immediately call for a special session to save lives and guarantee that every unborn child has a right to life” if the court overturns Roe v. Wade.

Alabama Gov. Kay Ivey said her state will “continue fighting for the unborn.”

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