Leaked U.S. Supreme Court Decision Would Overturn Roe v. Wade, Report Says

'Roe was egregiously wrong from the start,' Justice Samuel Alito wrote in the draft opinion which is dated February 10, according to Politico

Ben Samuels
Pro-abortion demonstrators in Oklahoma, last month.
Pro-abortion demonstrators in Oklahoma, last month.Credit: Sean MurphyAP
Ben Samuels

A leaked initial draft majority opinion suggests the U.S. Supreme Court has voted to overturn the Roe v. Wade decision that legalized abortion nationwide, Politico reported on Monday.

Reuters was not immediately able to confirm the draft independently. The Supreme Court and the White House declined to comment.

“Roe was egregiously wrong from the start,” Justice Samuel Alito wrote in the draft opinion which is dated Feb. 10, according to Politico.

Four of the other Republican-appointed justices – Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – voted with Alito in the conference held among the justices, the report added.

People protesting in front of the Supreme Court on Monday.

"It is possible there have been some changes since then (Feb 10)," Politico reporter Josh Gerstein, who broke the story, said on MSNBC late on Monday.

After an initial vote among the justices following the oral argument, one is assigned the majority opinion and writes a draft. It is then circulated among the justices. At times, in between the initial vote and the ruling being released, the vote alignment can change. A ruling is only final when it is published by the court.

In a post on Twitter, Neal Katyal, a lawyer who regularly argues before the court, said if the report was accurate it would be "the first major leak from the Supreme Court ever."

New York Governor Kathy Hochul, a Democrat, said on Twitter that New York will "always guarantee" the right to abortion.

"This is an absolutely disgraceful attack on our fundamental right to choose, and we will fight it with everything we've got," Hochul said on Twitter in a reaction to Politico's report.

75 percent of Jewish voters in America said they were concerned that the Supreme Court will overturn Roe v Wade, according to the Jewish Electoral Institute's 2022 National Survey of Jewish voters, while 83 percent say abortion should be legal in all or most cases, according to a 2018 Pew Research Center survey.

Alongside allies and partners, the National Council of Jewish Women previously announced the "Jewish Rally for Abortion Justice," scheduled for Tuesday, May 17. The organization has already led a friend of the court brief on behalf of the abortion clinic involved in the case in question, to which more than 50 organizations have signed on.

The NCJW has launched campaigns aimed at abortion access and education with the goal of demonstrating that reproductive freedom is a Jewish value. The Anti-Defamation League and Religious Action Center of Reform Judaism, meanwhile, previously signed onto separate amicus briefs.


In October 2020, the Reform movement offered rare public opposition to former U.S. President Donald Trump's nomination of Supreme Court Justice Amy Coney Barrett largely due to her positions on a woman's right to abortion. NCJW CEO Sheila Katz, meanwhile, previously warned Haaretz that “abortion access is under threat like never before."

“Every Jewish organization that claims to care about families, people’s reproductive journeys, economic justice, racial justice, health care, religious freedom – this intersects with all of them, and they should be more involved,” she said, adding that this motivated the organization to launch the Jewish Abortion Access Coalition, which includes organizations that have traditionally never focused on abortion.

“When we look back at the abortion rights movement over time, we’ve always seen Jews play an important role in it – but we’ve often seen Jews play a role in it for ourselves. One of the pivotal shifts that we’re starting to see, certainly at NCJW, is to understand that while some Jews are certainly the most impacted, it’s not always the case,” she added. “The way we need to center our work is around those most impacted and be in relationship with those most impacted. That often means not being the main person at the microphone.”

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