Roe v Wade : Leaked document shows potential overturn of abortion rights in the US

04-05-2022

Myrthe Niemeijer

International Justice and Human Rights Researcher

Global Human Rights Defence 

On Monday, POLITICO released a draft US Supreme Court Opinion, which would overturn Roe v. Wade. [1] This ruling would also overturn the decision by the 5th Circuit Court of Appeals that found Mississippi’s attempt to prohibit abortion after 15 weeks of pregnancy inconsistent with Supreme Court precedent. 

Chief Justice John Roberts has denounced the disclosure of the document as “a singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here.” [2] Roberts also reiterated the leaked document is not the final release of the Court’s decision; votes can be changed. 

The decision as drafted would affect the federal constitutional guarantee of abortion rights. It would allow each federal state to individually decide on restrictions regarding abortion. Although official changes would not yet be made until the document is final, it is expected that the decision as it stands would result in stricter limits on abortion access in the South and Midwest areas of the US. 

Notes:

[1] Read the full opinion here: https://www.politico.com/news/2022/05/02/read-justice-alito-initial-abortion-opinion-overturn-roe-v-wade-pdf-00029504 

[2] As cited by POLITICO, available here: https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473 

Sources and further reading: 

Amanda Klasing. (2022, 3 May). What Roe v Wade Means for Human Rights. Human Rights Watch. https://www.hrw.org/news/2022/05/03/what-roe-v-wade-means-human-rights 

Politico Staff. (2022, 3 May). We answered your questions about the future of Roe v. Wade. POLITICO. https://www.politico.com/news/2022/05/03/abortion-rights-roe-v-wade-supreme-court-questions-00029570