Leaked SCOTUS Draft overturns Roe and Casey: “Constitution does not confer a Right to Abortion”

Leaked SCOTUS Draft overturns Roe and Casey: “Constitution does not confer a Right to Abortion”

In a shocking betrayal of Supreme Court tradition and security, Politico has obtained and published an initial draft opinion allegedly written by Justice Samuel Alito in February signaling a 5-4 majority opinion which would overturn Roe v. Wade and Planned Parenthood v. Casey, the Supreme Court rulings supporting a federal right to abortion.

On May 2, 2022, at 8:32 pm EST, Politico reported the Supreme Court “has voted to strike down the landmark Roe v. Wade decision, according to an initial draft majority opinion … circulated inside the court and obtained by POLITICO.” The Politico piece indicated that Chief Justice Roberts that was not in the majority.

The Politico reporters described Alito’s draft opinion as a “a full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights [sic].”  If published, the draft would be penultimate victory for the pro-life movement.

In a related piece, Politico quoted several key passages from Alito’s draft, one of which stated:  “We do not pretend to know how our political system or society will respond to today’s decision overruling Roe and Casey. And even if we could foresee what will happen, we would have no authority to let that knowledge influence our decision. We can only do our job, which is to interpret the law, apply longstanding principles of stare decisis, and decide this case accordingly. We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives.” 

It is critical to note that there is no decision on the matter of Dobbs v. Jackson Women’s Health Organization.  Currently, Roe and Casey remain the law of the land.  What Politico has done is given power to a fundamental violation of Supreme Court decorum.

The leak of a drafted opinion is unprecedented in Supreme Court history.  And it smacks of the worst sort of political designs, intended to disrupt the orderly operation of the Court and perhaps designed to incite violence across a nation already divided along entrenched regional and ideological lines surrounding the issue of abortion.

Jonathan Turley, Shapiro Chair of Public Interest Law at George Washington University, criminal defense attorney, and legal analyst, took to Twitter to decry the violation of Supreme Court security.

Pro-life speaker Seth Gruber posting on Facebook suggested the the unnamed leaker “is trying to incite riots that will make the summer of 2020 literally look ‘mostly peaceful.'”

Indeed, within an hour of the leak, security barricades were erected outside the Supreme Court building.

Turley was quick to articulate the purpose of such an egregious leak is to affect the final version of the opinion before the official publication.

As Americans wait to learn whether this leaked draft is indeed the true, final ruling of the high court, pro-life forces should double down on prayer for peace as we prepare to defend life in a post-Roe era.



Susan Swift Arnall, Esq.

Civil Right attorney for the Unborn, Wife and Mother of 7. Member California State Bar, SAG/AFTRA.