Supreme Court says leaked abortion draft is genuine; Roberts orders investigation into leak

Professional-abortion and anti-abortion demonstrators protest outside the U.S. Supreme Court docket after the leak of a draft majority opinion written by Justice Samuel Alito preparing for a majority of the court to overturn the landmark Roe v. Wade abortion rights choice later this yr, in Washington, U.S., May 3, 2022. 

Evelyn Hockstein | Reuters

Supreme Courtroom Chief Justice John Roberts on Tuesday confirmed the authenticity of a leaked draft courtroom opinion that might toss out longstanding abortion rights, however famous that is not the courtroom's last choice.

Roberts ordered an investigation into the leaker.

"To the extent this betrayal of the confidences of the Courtroom was meant to undermine the integrity of our operations, it won't succeed," the chief justice said in a press release. "The work of the Court is not going to be affected in any method."

"I've directed the Marshal of the Court docket to launch an investigation into the supply of the leak," Roberts stated.

The advance publication of a draft opinion is nearly unprecedented for the high courtroom, the place leaks of any variety are exceedingly uncommon.

The courtroom shares drafts of opinions internally long earlier than they're issued publicly, Roberts noted, calling it "a routine and important part of the Court's confidential deliberative work."

The draft on this high-profile abortion case was created in February, in line with Politico, which obtained the opinion.

The justices, legislation clerks and different employees of the courtroom are "intensely loyal to the establishment and devoted to the rule of law," Roberts mentioned.

"Court staff have an exemplary and vital custom of respecting the confidentiality of the judicial process and upholding the trust of the Court docket. This was a singular and egregious breach of that trust that's an affront to the Courtroom and the community of public servants who work right here," he stated.

The publication of the draft opinion rocked Washington, triggering waves of shock and fury from Democrats who at the moment are pushing for Congress to immediately codify abortion rights through laws.

Republicans decried the leak itself, and lots of referred to as for the sort of investigation the Roberts introduced late Tuesday morning. The GOP lawmakers who commented on the draft opinion praised it for placing decisions about abortion in the fingers of states instead of the federal government.

The 98-page draft opinion was penned by Justice Samuel Alito, one of six conservatives on a courtroom that has moved sharply to the suitable within the wake of the Trump administration.

Alito's draft would toss out the precedent set by the 1973 case Roe v. Wade and reaffirmed in 1992 by Planned Parenthood v. Casey. These pivotal rulings defend the correct to get an abortion earlier than the purpose of fetal viability and require that laws limiting abortion access don't pose an "undue burden."

Alito wrote: "We maintain that Roe and Casey have to be overruled."

The draft of the opinion of the courtroom in Dobbs v. Jackson Women's Health Group would aspect with the state of Mississippi in protection of a regulation that will ban nearly all abortions after 15 weeks of pregnancy.

Decrease federal courts had blocked the law on the grounds that it violates the protections established by the Roe and Casey decisions.

That is breaking information. Please verify back for updates.