US Supreme Court to investigate leak of draft abortion opinion

The draft published by Politico late on Monday said a majority of the court is prepared to overrule the landmark 1973 decision in Roe v. Wade that legalised abortion nationwide.

After the rare breach, people on both sides of the issue gathered outside the Supreme Court, waving signs and chanting slogans.
AFP

After the rare breach, people on both sides of the issue gathered outside the Supreme Court, waving signs and chanting slogans.

The US Supreme Court will investigate the leak of a draft decision indicating that a majority of the nine justices are set to overturn the constitutional right to abortion.

Chief Justice John Roberts directed the court's marshal on Tuesday to launch a probe into the source of the leak, which he described as an "egregious breach" of trust.

In a news release, the court confirmed that the document is authentic. But it cautioned that the draft opinion, dated from February, does not represent the "final position of any member on the issues in the case."

The draft published by Politico late on Monday said a majority of the court is prepared to overrule the landmark 1973 decision in Roe v. Wade that legalised abortion nationwide.

The document was labelled a “1st Draft” of the “Opinion of the Court” in a case challenging Mississippi’s ban on abortion after 15 weeks, a case known as Dobbs v. Jackson Women’s Health Organisation.

The court is expected to rule on the case before its term ends in late June or early July.

The leak can be considered a major break from the longstanding tradition of confidentiality and trust surrounding deliberations among the justices.

READ MORE: Leaked document suggests US court will overturn abortion law

'Betrayal of confidences'

"To the extent this betrayal of the confidences of the court was intended to undermine the integrity of our operations, it will not succeed. The work of the court will not be affected in any way," Chief Justice Roberts said.

The court's news release made clear that draft opinions are routinely circulated internally as part of the justices' confidential deliberative process.

Amid speculation about the source of the leak, Roberts sought to defend the institution's structure.

"We at the court are blessed to have a workforce — permanent employees and law clerks alike — intensely loyal to the institution and dedicated to the rule of law.

"Court employees have an exemplary and important tradition of respecting the confidentiality of the judicial process and upholding the trust of the court," he added.

Underscoring the seriousness of the leak, Roberts said, "This was a singular and egregious breach of that trust that is an affront to the court and the community of public servants who work here."

President Joe Biden blasted as “radical” the draft Supreme Court decision.

“It concerns me a great deal that after 50 years we’re going to decide that a woman doesn’t have the right to choose,” Biden told reporters before boarding Air Force One for a trip to Alabama.

“It’s a fundamental shift in American jurisprudence,” Biden said.

READ MORE: Battle for abortion rights hits US streets

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