Supreme Court Abortion Draft Leaked

Initial opinions indicate that the Court may overturn Roe v. Wade.

In December, the Supreme Court began hearing oral arguments in the case of Dobbs v. Jackson Women’s Health Organization. This case would determine if a Mississippi law that bans abortions after 15 weeks is constitutional. An official ruling by the High Court is not expected until June of 2022. 

This case had special significance as the Court needed to review prior rulings such as Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) and was the first time the Court had taken a case over a pre-viability abortion ban since then. 

In an unprecedented breach of trust, the first draft opinion of the Supreme Court on this case was leaked ahead of the official ruling. Drafts are very fluid and circulate among the justices who will critique and offer counterpoints to the majority opinion. The court released a statement, “Although the document described in yesterday’s reports is authentic, it does not represent a decision by the court or the final position of any member on the issues in the case.” 

The state of this draft indicated that the court would overturn the 1973 Roe v. Wade decision as it reads, “it is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” Justice Alito, who penned the draft, noted that any rights not explicitly mentioned in the Constitution’s text must be strongly rooted in U.S. history and tradition. He said that abortion is not one of them. 

Among statements from various elected officials, President Biden said that if the court does overturn Roe v. Wade, the future of the pro-choice and pro-life argument “will fall on voters.” He called on Americans to vote in the midterms and to elect officials that represent them.  

Chief Justice John Roberts called the leak a “betrayal of the confidences of the court” and said that he has directed the marshal of the court to launch an investigation.  

As the Lord Leads, Pray with Us…

  • For the nine justices of the Supreme Court as they receive added pressure at this time and that their judicial process would be unhindered by the breach of trust. 
  • For the justices to seek God’s wisdom as they deliberate their final ruling on the case regarding the Mississippi abortion ban.  
  • For state legislatures as they address the sanctity of life, from conception to natural death. Give thanks for the many answers to prayer in states where abortion restrictions have already been passed.  

Sources:,,, ABC News, NBC News, Fox News, The Hill


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