Explainer: Understanding Justice Alito's Draft Opinion on Roe vs. Wade & Exploring the Potential Implications


Last night, Politico released an exclusive article leaking a draft opinion from U.S. Supreme Court Justice Samuel Alito regarding the ongoing Mississippi Department of Health vs. Jackson Women’s Health Organization Supreme Court (SCOTUS) case. The draft opinion would overturn Roe vs Wade (1973) and Planned Parenthood vs Casey (1992), two landmark Supreme Court cases that upheld abortion rights except in limited circumstances. The draft opinion was written in February, and circulated among the justices on February 10th. The Supreme Court held final arguments for all cases for the current term on Wednesday, April 27th, and will release final rulings in the next couple of months on these cases. 

Here’s what you need to know

While the Supreme Court says the leaked opinion is authentic, the draft is not a finalized version of the Supreme Court’s decision regarding the Mississippi case – the final decision is expected to be given this summer. 

As of Tuesday, May 1st, Roe vs. Wade and Planned Parenthood vs. Casey have NOT been overturned, and abortion remains a right as designated by those cases. 

Desifacts will continue to provide updates as more information comes out. 

Resources

Josh Gerstein and Alexander Ward. Politico. Supreme Court has voted to overturn abortion rights, draft opinion shows - POLITICO. 02 May 2022. 

Justia. Roe v. Wade :: 410 US 113 (1973) 

Justia. Planned Parenthood of Southeastern Pa. v. Casey :: 505 US 833 (1992) 

NPR. The Supreme Court on abortion: The Supreme Court says the leaked draft is real; Chief Justice Roberts orders an investigation | NPR. 03 May 2022.

Previous
Previous

Explainer: Inflation Reduction Act

Next
Next

Fact Check: Biden Administration's Harm Reduction Programs and Safe Smoking Kits