Leaked Supreme Court Draft Opinion Signals Court May Overturn Roe v. Wade

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WASHINGTON, DC - DECEMBER 01: Demonstrators gather in front of the U.S. Supreme Court as the justices hear arguments in Dobbs v. Jackson Women's Health, a case about a Mississippi law that bans most abortions after 15 weeks, on December 01, 2021 in Washington, DC.  (Chip Somodevilla via Getty Images)

A leaked Supreme Court draft opinion published by Politico on Monday night indicates the majority of the Court would vote to overturn Roe v. Wade. In the document written by Justice Samuel A. Alito, Jr., and joined by the majority of the Court, Alito called Roe wrongly decided and suggested that the issue of abortion should be left to politicians, not courts. If the final opinion follows the logic of the draft, it would represent a fundamental shift in the law and politics around reproductive rights. And while draft opinions are commonly circulated by the justices, the leak of a draft is unprecedented in modern Supreme Court history and raises questions about the operation of the Court itself.  We’ll talk about the leak, the draft opinion, and what lies ahead.


Michele Goodwin, Chancellor's professor and director, Center for Biotechnology & Global Health Policy, UC Irvine School of Law. Her recent book is "Policing the Womb: Invisible Women and the Criminalization of Motherhood"