It was more than a month ago that a draft opinion was leaked of a major Supreme Court court case dealing with abortion rights, one that would overturn the precedent set by 1973’s Roe v. Wade and revert the right to regulate abortion procedures back to the individual states.
Now, with only a few weeks left before the court’s current term concludes in early July, the nation is still anxiously awaiting the release of a final majority decision and likely dissents in a case involving a strict abortion regulation in Mississippi, the Conservative Brief reported.
The Supreme Court released five opinions on Monday, but the high-profile abortion case — known as Dobbs v. Jackson Women’s Health Organization — was not among them.
Leaked draft opinion in abortion case
The Dobbs case involves a Mississippi law that bans most abortions in the state after 15 weeks of pregnancy and that law was challenged and blocked from taking effect while being litigated through the judicial system.
Politico reported in early May that a draft majority opinion written by Supreme Court Justice Samuel Alito in February had been scandalously leaked and revealed that the majority had sided with Mississippi’s law and determined that Roe v. Wade and 1992’s Planned Parenthood v. Casey were “egregiously wrong” and unconstitutionally usurped states’ rights to regulate abortion as they best saw fit.
“We hold that Roe and Casey must be overruled,” Alito wrote. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences,” he wrote at another point in the draft opinion. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”
Still a couple dozen cases yet to be decided
Fox News reported that the Supreme Court released five final opinions Monday, and while each was important with respect to the particular issue dealt with, none were as high-profile as the Dobbs decision will ultimately be once it is finally and formally released to the American public.
As for the leak in May, it has sparked angry protests from activists, furious rhetoric from Democratic politicians, and even apparently an alleged attempted assassination of Justice Brett Kavanaugh that was foiled.
Prior to Monday’s release, SCOTUSblog had reported that the Supreme Court still had 33 cases remaining to be released out of the 59 total cases heard in the term that began in October, or about 55 percent.
While that may seem like a heavy workload left to be crammed into the few remaining weeks of the term, the outlet looked back to this same point over the past four decades and found that while this year’s remaining load was high percentage-wise, it was actually much lower than previous years in terms of volume of total cases yet to be decided.
Further, U.S. News reported that the abortion case isn’t the only major ruling to be anxiously awaited, as the high court is still yet to issue final opinions on consequential cases involving issues like gun rights, climate change regulations, immigration, and religious freedom.