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

Pro-abortion and anti-abortion demonstrators protest exterior 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 court docket to overturn the landmark Roe v. Wade abortion rights decision later this 12 months, 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 court docket opinion that would toss out longstanding abortion rights, but famous that is not the court docket's remaining decision.

Roberts ordered an investigation into the leaker.

"To the extent this betrayal of the confidences of the Court docket was meant to undermine the integrity of our operations, it will not succeed," the chief justice mentioned in an announcement. "The work of the Court is not going to be affected in any manner."

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

The advance publication of a draft opinion is virtually unprecedented for the excessive courtroom, where leaks of any type are exceedingly rare.

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

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

The justices, law clerks and different workers of the court docket are "intensely loyal to the establishment and dedicated to the rule of regulation," Roberts stated.

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

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 instantly codify abortion rights through laws.

Republicans decried the leak itself, and plenty of referred to as for the form of investigation the Roberts announced late Tuesday morning. The GOP lawmakers who commented on the draft opinion praised it for putting choices about abortion in the fingers of states as an alternative of the federal government.

The 98-page draft opinion was penned by Justice Samuel Alito, one among six conservatives on a court docket that has moved sharply to the precise 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 rules limiting abortion access do not pose an "undue burden."

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

The draft of the opinion of the courtroom in Dobbs v. Jackson Women's Well being Group would facet with the state of Mississippi in defense of a legislation that may ban virtually all abortions after 15 weeks of pregnancy.

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

That is breaking information. Please examine back for updates.