A leaked draft of a Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization indicates that as of February 2022, a majority of the Court supported overturning the Court’s disastrous 1973 decision in Roe v. Wade. If the report is accurate, and if no justices get cold feet about overturning Roe, the Court will rule that the United States Constitution does not guarantee the right to choose abortion. Such a ruling would uphold the Mississippi Gestational Age Act, which bans abortion after 15 weeks’ gestation. It would also restore the authority of each of the 50 states to set their own abortion policies, saving untold numbers of lives and answering the prayers of millions of pro-life Americans.
The following language is included in the draft opinion: “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision… Roe was egregiously wrong from the start… It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
The draft opinion was authored by Justice Samuel Alito. According to Politico, the majority that supports overturning Roe consists of Justice Alito and Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas. As expected, Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor do not support overturning Roe; Chief Justice John Roberts’s view is currently unknown. Politico noted that “no draft decision in the modern history of the court has been disclosed publicly while a case was still pending,” adding that justices can still change their positions before decisions are finalized.
At New Yorkers for Constitutional Freedoms, we praise the Lord for this news from the Supreme Court. As Politico noted, “the overturning of Roe would almost immediately lead to stricter limits on abortion access in large swaths of the South and Midwest…” However, we also wish to sound a note of caution, as the Court’s decision in Dobbs is not yet final. From now until the Court’s decision is released, Christians across the United States should commit ourselves to pray that the Supreme Court will not waver.