Leaked SCOTUS opinion hints at overturning of Roe
May 8, 2022
A draft opinion obtained by Politico shows that the U.S. Supreme Court is looking to overturn Roe v. Wade, the landmark decision from 1973 that federally legalized abortions with some restrictions.
If the opinion were to become official, the Supreme Court would rule in favor of the state of Mississippi in the current case before the court, Dobbs v. Jackson Women’s Health Organization.
In 2018, the Mississippi state legislature introduced the Gestational Age Act, which banned almost all abortions after 15 weeks of pregnancy.
In response, the Jackson Women’s Health Organization — the only licensed abortion clinic in Mississippi — filed a lawsuit in federal district court, challenging the constitutionality of the law based on Roe, and requested a temporary restraining order.
The case went through the district court and court of appeals, both of which sided with the JWHO, leading the Supreme Court to accept the case on May 17, 2021.
The state of Mississippi asked the Supreme Court to overrule Roe during oral arguments last December, making the claim that there is no constitutional right to an abortion.
If the court sides with Mississippi, the legality of an abortion — and the terms surrounding that legality — would become a state’s rights issue.
23 states are already prepared to ban abortion to varying degrees if the court’s opinion were to become official. Of those 23 states, 13 of them have laws that would go into effect immediately after Roe v. Wade is overruled. These laws have been dubbed “trigger laws.”
All of the 13 states with trigger laws have Republican-controlled state legislatures.
Arkansas and Kentucky are set to ban all abortions if Roe is overturned, with the only exception being to save the life of the pregnant individual.
Dobbs v. Jackson Women’s Health Organization marks one of the few times the Supreme Court has ruled on abortion rights. In 1992, the majority conservative court upheld Roe v. Wade in Planned Parenthood v. Casey, reaffiring the constitutional right to an abortion.
The Supreme Court released a statement confirming the authenticity of the leaked draft opinion on Tuesday. However, the statement also made it clear that the draft opinion was not final. Votes, and language, can change before the official release. Chief Justice John Roberts also announced an investigation into the source of the leak.
California Gov. Gavin Newsom, Assembly Speaker Anthony Rendon, and Senate President pro Tempore Toni G. Atkins released a statement following news of the leak. In the statement, the group criticized the Supreme Court’s potential decision, and they proposed adding an amendment to the California Constitution that would codify abortion rights for women in the state.
“We know we can’t trust the Supreme Court to protect reproductive rights,” the statement read. “So California will build a firewall around this right in our state constitution. Women will remain protected here.”
Some CSUN students and faculty have been outspoken about the possible ruling.
CSUN’s Women’s Research & Resource Center organized protests on Tuesday and Wednesday afternoon in front of the Sierra Tower. Members of the community who participated marched and chanted with signs to show that they are against the potential overturning of Roe.
The official ruling on Dobbs v. Jackson Women’s Health Organization is not expected to be released until the end of June.