Art by Alisha Khalil

A majority draft obtained by Politico reveals that as of February 2022, the Court plans on striking down Roe v. Wade in favor of Mississippi’s 18 week abortion ban law.

Women’s access to reproductive healthcare is at risk after 50 years of protection under the Supreme Court’s ruling of Roe v. Wade in 1973.

Back in December of 2021, the Supreme Court heard Dobbs v. Jackson Women’s Health Organization, a case in deals with the constitutionality of a 2018 Mississippi state law that banned abortion 15 weeks after conception. 

Dobbs v. Jackson Women’s Health Organization is a direct challenge to the ruling set by the Court in Roe v. Wade which protects women’s right to privacy, which protects a women’s right to choose whether or not to terminate a pregnancy. 

The Court’s verdict of Dobbs v. Jackson Women’s Health Organization was set to be revealed at the end of the 2021-2022 term by June, however, the majority opinion written by Justice Alito was leaked to Politico. The leak revealed that in a 5-4 decision, the Supreme Court has voted to strike down the landmark ruling of Roe v. Wade and uphold the restrictive Mississippi abortion law. 

In the majority opinion leaked to Politico labeled as the “Opinion of the Court”, Justice Alito wrote against the ruling made in Roe v. Wade by the Supreme Court.

“Roe was egregiously wrong from the start,” Alito wrote. “We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

Click here to read the draft obtained by Politico.

After the leak was made public, several governors across the country voiced their support for the decision from Roe v. Wade, vowing to protect abortion rights in their respective states. One among the many was N.H. Governor Chris Sununu. 

“I’m a pro-choice governor and as long as I’m governor, we’re going to remain a pro-choice state,” Sununu said.

In effect since January 2022, N.H. state law outlawed abortions after 24 weeks and patients are required to undergo an ultrasound. 

When asked about N.H.’s 24 week abortion ban, Gov. Sununu dismissed the notion that the law is extreme.

“The majority of pro-choice individuals do support a ban after 24 weeks. We have it, Massachusetts has it, New York has it. Those aren’t extreme states either,” Sununu said.

Gov. Sununu has said that he will sign an amendment getting rid of the ultrasound requirement, as well as including fatal fetal abnormalities as an exception after to the 24 week ban. 

The leak has upset millions of Americans across the country, whether it be the leak itself or the draft opinion that was revealed. Those upset with the leak are concerned about the integrity and institution of the Court.

In a statement published by Chief Justice John Roberts on the official Supreme Court website, he states that he has directed the Marshal of the Court to launch an investigation into the leak.

To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed,’ Roberts wrote.

 In the Robert’s statement, it was made clear that “the work of the Court will not be affected in any way” by the leak and that the matter is being taken seriously within the Court. 

“I have directed the Marshal of the Court to launch an investigation into the source of the leak,” Roberts said.

Whilst many are concerned about the leak, others have raised concern regarding access to reproductive healthcare. Supporters of Roe v. Wade are pushing for reproductive rights to be written into law in state legislatures in the event that Roe v. Wade is overturned.

It is important to note that Supreme Court justices can change their votes. The leak that was published by Politico was a draft opinion in circulation within the Court. Controversial holdings like those pertaining to reproductive freedoms are subjected to several drafts prior to the release of the verdict in June. 

This leak does not necessary reflect the Supreme Court’s final decision regarding Dobbs v. Jackson Women’s Health Organization. The verdict will be officially announced in June at the end of the 2021-2022 term.