Report: A Leaked Supreme Court Opinion Signals the Justices Are About to Overturn Roe v. Wade

Well, fuck.

Pro-choice activists participate in a demonstration outside of the US Supreme Court on January 22, 2022 in Washington, DC.Alex Edelman/AFP/Getty

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

For years, abortion rights advocates have been warning about the fall of Roe v. Wade, and abortion opponents have been pledging to bring it about. Well, that time is apparently right around the corner.

According to a shocking scoop from Politico on Monday night, the draft decision of the Dobbs v. Jackson Women’s Health Organization, written by Justice Samuel Alito, has been leaked, and the justices plan to side with the state of Mississippi, overturning the precedent established in the Roe v. Wade ruling of 1973 that legalized abortion in the United States. As Politico reports:

The draft opinion is a full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision – Planned Parenthood v. Casey – that largely maintained the right. “Roe was egregiously wrong from the start,” Alito writes.

“We hold that Roe and Casey must be overruled,” he writes in the document, labeled as the “Opinion of the Court.” “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

According to Politico, “no draft decision in the modern history of the court has been disclosed publicly while a case was still pending.”

While it’s not much solace, it’s important to emphasize that this is a draft decision—the opinion, and the justices signing onto it, could still change before it is officially released, likely next month. And let’s be very clear: As of this moment, abortion is still legal in the United States, period. If you are a patient seeking care, you can still get it.

GREAT JOURNALISM, SLOW FUNDRAISING

Our team has been on fire lately—publishing sweeping, one-of-a-kind investigations, ambitious, groundbreaking projects, and even releasing “the holy shit documentary of the year.” And that’s on top of protecting free and fair elections and standing up to bullies and BS when others in the media don’t.

Yet, we just came up pretty short on our first big fundraising campaign since Mother Jones and the Center for Investigative Reporting joined forces.

So, two things:

1) If you value the journalism we do but haven’t pitched in over the last few months, please consider doing so now—we urgently need a lot of help to make up for lost ground.

2) If you’re not ready to donate but you’re interested enough in our work to be reading this, please consider signing up for our free Mother Jones Daily newsletter to get to know us and our reporting better. Maybe once you do, you’ll see it’s something worth supporting.

payment methods

GREAT JOURNALISM, SLOW FUNDRAISING

Our team has been on fire lately—publishing sweeping, one-of-a-kind investigations, ambitious, groundbreaking projects, and even releasing “the holy shit documentary of the year.” And that’s on top of protecting free and fair elections and standing up to bullies and BS when others in the media don’t.

Yet, we just came up pretty short on our first big fundraising campaign since Mother Jones and the Center for Investigative Reporting joined forces.

So, two things:

1) If you value the journalism we do but haven’t pitched in over the last few months, please consider doing so now—we urgently need a lot of help to make up for lost ground.

2) If you’re not ready to donate but you’re interested enough in our work to be reading this, please consider signing up for our free Mother Jones Daily newsletter to get to know us and our reporting better. Maybe once you do, you’ll see it’s something worth supporting.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate