Supreme Court Draft Leak


Naomi Presler, Reporter

Overnight on May 2nd, a leaked draft opinion written by Supreme Court Justice Samuel A. Alito Jr., proposed the idea that the majority of the court voted to overturn Roe v. Wade

Politico was the first news source to receive the leaked document that night. The document, according to Politico, is consistent with the Supreme Court’s opinions, parties, strength of text and “slashing tone” of Justice Alito. The New York Times said that Politico’s editor in chief and staff emphasized that the article underwent “an extensive review process.” 

In the ninety-eight paged draft, Supreme Court Justice Samuel A. Alito Jr. states that the majority of the court voted to overturn Roe. He writes, “It is time to heed the Constitution and return the issue of abortion to the people’s elected representative.” If this draft becomes passed in the Supreme Court, the states will be given the power to decide whether or not a woman can legally have an abortion. 

According to Politico, the draft also included the names of the Justices that supported Alito. These names include: Clarence Thomas, Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett. The dissenting justices include: Stephen G. Breyer, Sonia Sotomayor and Elena Kagan. The Chief Justice, John G. Robert Jr., still has to vote and plans on to. 

To review the case of Roe v. Wade, the Supreme Court established a constitutional right to abortion in 1973. Ever since, the issue of abortion and the case itself has been the center-piece of all election campaigns, political parties, and so much more. Even though the court approved that the case gave women the right to access legal abortion, the court has accepted restrictions from other states such as Texas.

When Roe v Wade was first presented to the Supreme Court, it was argued that the issue was never in the Constitution, therefore, it is not a government matter, but rather the people’s matter. The only way the Supreme Court became involved in the case, was when Health Care was tied into the case. The leaked draft written by Justice Alito, as it follows very closely to the arguments made against the case in 1973. 

The draft has caused much outcry from Democrats throughout the country as many Republicans hailed the draft and the Republican Justices. “If this report is true, this Republican attack on abortion access, birth control, and women’s health care has dramatically escalated to the stakes of the 2022 election,” said Democratic Senatorial Campaign Committee Executive Director Christie Roberts. Former president of Planned Parenthood, Cecil Richards says, “ending legal abortion will not end abortion. It simply will mean that women are no longer safe in this country and that lies at the feet of the Republican Party.”. 

As of now, protesters have flocked to the streets of Washington DC from both sides of the issue. President Biden has  commented that he does not whether the draft is genuine, but that if it is, it will put a stop to woman’s right to choose. The Supreme Court is now launching an investigation into how and who leaked the draft.