The Supreme Court issued an opinion Monday morning in the Dobbs v. Jackson Women’s Health Organization case. Justices ruled 6-3 to uphold Dobbs, which limits abortion to 15-weeks in Mississippi, effectively overturning Roe v. Wade and returning abortion law to the states. The majority opinion was written by Justice Samuel Alito.
"Now today, the Court rightly overrules Roe and Casey—two of this Court’s “most notoriously incorrect” sub- stantive due process decisions," Alito wrote. "The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives."
The ruling comes more than a month after a draft opinion of the case showed five justices planned to overturn Roe, with Justice Samuel Alito writing about the decision. The draft opinion is nearly identical to the final ruling.
"Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives," Alito wrote in the draft opinion.
The person who leaked the draft is still unknown and an investigation is ongoing. The leak shocked the legal world and was seen as a grave breach of trust.
It’s impossible to overstate the earthquake this will cause inside the Court, in terms of the destruction of trust among the Justices and staff. This leak is the gravest, most unforgivable sin.
— SCOTUSblog (@SCOTUSblog) May 3, 2022
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"Yesterday, a news organization published a copy of a draft opinion in a pending case. Justices circulate draft opinions internally as a routine and essential part of the Court's confidential deliberative work. 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," Chief Justice John Roberts released in a statement at the time.
"To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed. The work of the Court will not be affected in any way," he continued. "We at the Court are blessed to have a workforce -- permanent employees and law clerks alike -- intensely loyal to the institution and dedicated to the rule of law. Court employees have an exemplary and important tradition of respecting the confidentiality of the judicial process and upholding the trust of the Court. This was a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here."
The leak caused a number of serious security concerns for the justices. Justice Alito was forced to leave his primary residence and last week an armed man -- who planned an assassination -- was arrested near the home of Justice Brett Kavanaugh. Raucous protestors have repeatedly shown up outside of Justice Amy Coney Barrett's house and have threatened to go after her children at their school.
President Joe Biden and top Democrats refused to condemn the leak and urged protestors to descend on the homes of justices seen as anti-Roe.
This is a breaking story, stay tuned for updates. This story has been updated with additional information.
Editor's note: A previous version of this story stated the ruling was 5-4. With Justice John Robert's concurrence, the ruling is 6-3.
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