Things we’re aware of and one fact we don’t know about the draft opinion that overruled Roe V. Wade


On Monday night, Politico reported what may be an entirely new scoop. They don’t just make claims. They have discovered “the Supreme Court has voted to overturn the famous Roe v. Wade’s stronger decision” – gave the bold legal standing to have an abortion.

They also published the 99-page opinion draft that was signed by Justice Samuel Alito. This case involves Dobbs the case of Dobbs. Jackson Women’s Health Organization.

There’s no contemporary precedent for leaks that is this large. The Court typically adheres to a strict code of silence up to the point the decision is made public. Supreme Court law clerks even have their own dining area in the cafeteria of the Court, in which they can talk about cases during the lunch hour without having anyone else hearing the conversations. Although some information about Justices’ inner discussions can be leaked — like the outcome of the initial Roe
v. Wade case
decision -I’m unaware of any precedent for a complete draft opinion to be released before the decision becomes final.

If the draft opinion or one similar to it is enacted abortion will soon or immediately become impossible to access in at minimum 22 states that have complete bans or are in the early stages of bans. The way our team explained in 2020 when the most conservative justice was added to the Supreme Court The decision to overturn Roe and the subsequent state-level bans will likely not result at the end of abortions only legally legal abortion.

Court officials were not available when I inquired if they could confirm whether the draft leaked is genuine, however, the draft has many indications of authenticity. The long-winded opinion provides a thorough overview of the arguments made by conservatives for and against Roe with references to hundreds of legal treatises, academic articles, and statutes from the past as well as cases. The opinion is composed in a frequently snarky tone that’s recognizable as Alito and contains numerous appendices detailing older state abortion laws many of which are over 200 years old.

If this is an utter hoax that is it’s an incredible hoax created by subject-matter experts who are well-versed in the Court’s work as well as Alito’s style of writing, and who are willing to put in many hours researching sources that span nearly 400 years. There is still a lot to be determined and again, we do not know whether Alito will retain his majority to overturn Roe outright and if the outlines of the ruling will change, and if the other justices will draft concurrence or dissenting opinions however, one thing is for sure. Legal elites of the conservative camp have been dreaming about banning abortions over the years and the Court’s supermajority of 6-3 conservatives has repeatedly stated that it’s more than ready to challenge the long-standing precedent that was established in the case of Roe.

The biggest thing we’re not sure about is the possibility that Alito will continue to hold his majority

It is likely that this is genuine, composed by Samuel Alito and leaked by an inside Court Source to media There is one major aspect we don’t currently know of this opinion: whether it bears any likeness to the final ruling which the Court is expected to issue in late June.

When the Court is given the opportunity to hear oral arguments in a case, justices gather in a conference and make their first vote. The justice with the highest rank of the majority chooses one of their peers to write the opinion. That writer drafts a draft before distributing it before the Court. A justice’s decision isn’t definitive, however, until the final decision is made. Justices can sometimes alter their minds following the time a draft opinion is released.

Just after Politico published the leaked decision, In addition, CNN reported that Chief Justice John Roberts — one of the Court’s six Republicans — didn’t vote for a ruling that overruled Roe in full. Therefore, there were likely just five votes needed to reach that point, in addition, Alito might lose the majority if only some of the Court’s Republicans discords.

However, the Court has displayed every visible signal that it will uphold Roe in v. Wade. When it was time to hear arguments in December the five justices — Justices Alito, Gorsuch, Brett

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