The US Supreme Court’s Chief Justice has confirmed that a leaked document suggesting millions of US women could lose their legal right to abortion is genuine.

Chief Justice, John Roberts, disclosed that although the document is genuine, it did not represent the court’s final decision. It is understood that the draft is not a final ruling, and opinions could change, but if Roe v Wade is overturned, around half of US States could ban abortion.

In a statement, Chief Justice Roberts described the leak of the draft, first published by a US website, Politico, as “a singular and egregious breach” and asked the Marshal of the Supreme Court to launch an investigation. He also added that the work of the court would “not be affected in any way”.

Reactions To the Leaked Document

The leak has stirred expectations that the 1973 decision which legalised abortion in the US could be overturned, allowing individual States to ban it. US President, Joe Biden, has argued that the decision if it goes ahead, could call other freedoms into question.

The leaked document labelled “1st Draft”, reflected the majority opinion of the court. Written by Justice Samuel Alito, the document called the 1973 Roe v Wade ruling, which legalised abortion across the US, was “egregiously wrong from the start”.

The draft’s release has caused a wave of reaction from both sides. Anti-abortion law firm, Americans United for Life (AUL) urged the Court to disregard “the expectations of pro-abortion activists or proxy media allies”. On another wing, Planned Parenthood, the largest provider of reproductive health services in the US, disclosed that it would “continue to fight like hell to protect the right to access safe, legal abortion”. It said its research found that 36 million women could lose abortion access if Roe v Wade were struck down. The ruling is in the court’s sights because Mississippi’s Law, which bans abortion after 15 weeks, is asking for it to be overturned, with a final decision expected in late June or early July this year (2022).

Decisions made by States Awaiting the Supreme Court

Thirteen States have already passed so-called trigger laws that will automatically ban abortion if Roe is overruled this summer. Additionally, a number of others would be likely to pass laws quickly.

On Tuesday, May 3, 2022, Oklahoma’s Governor signed into law an anti-abortion measure based on one passed in Texas last year, 2021. The law allowed any private citizen to sue anyone who aids in abortion after six weeks of gestation before many women even know they are pregnant. President Joe Biden warned that such a legal change, would have far-reaching implications.

“It concerns me a great deal that we’re going to, after 50 years, decide a woman does not have a right to choose. But even more, equally profound is the rationale used. It would mean that every other decision relating to the notion of privacy is thrown into question.”
US President, Joe Biden

Mr. Biden said he wanted legislation to enshrine the existing guarantees of abortion access.

“If it becomes the law, and if what is written remains, it goes far beyond the concern of whether or not there is the right to choose. It goes to other basic rights, the right to marriage, the right to determine a whole range of things.”
US President, Joe Biden