Supreme Court says leaked abortion draft is genuine; Roberts orders investigation into leak
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Pro-abortion and anti-abortion demonstrators protest outside the U.S. Supreme Court after the leak of a draft majority opinion written by Justice Samuel Alito getting ready for a majority of the courtroom to overturn the landmark Roe v. Wade abortion rights decision later this year, in Washington, U.S., Could 3, 2022.
Evelyn Hockstein | Reuters
Supreme Court docket Chief Justice John Roberts on Tuesday confirmed the authenticity of a leaked draft court opinion that will toss out longstanding abortion rights, but famous that isn't the courtroom's last resolution.
Roberts ordered an investigation into the leaker.
"To the extent this betrayal of the confidences of the Court docket was intended to undermine the integrity of our operations, it is not going to succeed," the chief justice stated in a press release. "The work of the Court docket won't be affected in any way."
"I have directed the Marshal of the Court docket to launch an investigation into the source of the leak," Roberts said.
The advance publication of a draft opinion is just about unprecedented for the excessive court docket, where leaks of any sort are exceedingly uncommon.
The courtroom shares drafts of opinions internally lengthy earlier than they're issued publicly, Roberts noted, calling it "a routine and essential part of the Courtroom's confidential deliberative work."
The draft in this high-profile abortion case was created in February, in accordance with Politico, which obtained the opinion.
The justices, law clerks and different workers of the court docket are "intensely loyal to the institution and dedicated to the rule of regulation," Roberts said.
"Courtroom workers have an exemplary and important tradition of respecting the confidentiality of the judicial process and upholding the belief of the Courtroom. This was a singular and egregious breach of that belief that's an affront to the Court docket and the community of public servants who work 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 right away codify abortion rights by means of legislation.
Republicans decried the leak itself, and lots of referred to as for the type of investigation the Roberts introduced late Tuesday morning. The GOP lawmakers who commented on the draft opinion praised it for placing choices about abortion in the fingers of states as a substitute of the federal government.
The 98-page draft opinion was penned by Justice Samuel Alito, one in every of six conservatives on a courtroom that has moved sharply to the precise in 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 Deliberate Parenthood v. Casey. Those pivotal rulings shield the suitable to get an abortion before the purpose of fetal viability and require that regulations limiting abortion access don't pose an "undue burden."
Alito wrote: "We hold that Roe and Casey must be overruled."
The draft of the opinion of the court docket in Dobbs v. Jackson Ladies's Health Group would aspect with the state of Mississippi in defense of a law that might ban nearly all abortions after 15 weeks of being pregnant.
Lower federal courts had blocked the legislation on the grounds that it violates the protections established by the Roe and Casey choices.
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