Roberts Confirms Leaked Draft on Roe Is ‘Authentic,’ Not ‘Final’

The Marshal of the Supreme Court was ordered to investigate the leak.

AP/Timothy D. Easley, file
Chief Justice Roberts in 2017. AP/Timothy D. Easley, file

Chief Justice Roberts on Tuesday confirmed the authenticity of a leaked draft opinion suggesting the Supreme Court may be be poised to overturn the landmark 1973 Roe v. Wade case that legalized abortion nationwide.

Chief Justice Roberts also ordered an investigation into what he called an “egregious breach of trust.”

In the high court’s first public comment since the draft was published late Monday, Chief Justice Roberts said, “Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case.”

“To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed,” he said in a written statement.

He added: “I have directed the Marshal of the Court to launch an investigation into the source of the leak.”

If the court follows through on overturning Roe, it would immediately split the country into states with abortion access and those that outlaw it.

Some states had already been preparing for the potential that the high court could weaken or overturn Roe, but the bombshell leak of the draft opinion appeared to accelerate that drive Tuesday, setting the country on course for an even more jumbled landscape of abortion rights even before the court actually issues its ruling.

Almost immediately after Politico released the draft Monday night, Republicans who had fostered a decades-long push to end abortion rights cheered the prospect while Democrats vowed to fight the possible overturning of a constitutional right that has been in place for nearly a half-century.

In California, Democrats who wield control of the state Legislature and the governor’s office issued a joint statement late Monday announcing they would seek to amend the state’s constitution to enshrine abortion rights.

About half of American states are already expected to ban abortion if Roe falls, according to the abortion-rights think tank Guttmacher Institute. Twenty-two states, largely in the South and Midwest, already have total or near-total bans on the books. Aside from Texas, all are now blocked in court because of Roe.

Thirteen states have so-called trigger laws that would immediately ban abortion if Roe is overturned and would presumably go into effect if the Supreme Court majority votes for the draft in late June or early July.


The New York Sun

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