In a draft ‘opinion’ document written by US Justice Samuel Alito, the court says the landmark Roe v Wade decision in 1973 was “egregiously wrong from the start”.
It was leaked by Politico, which reported that the document about the abortion law had been circulated inside the court.
The document’s legitimacy was questionable but on Tuesday US Chief Justice John Roberts authenticated the document.
Saying:
“Yesterday, a news organization published a copy of a draft opinion in a pending case. Justices circulate draft opinions internally as a routine and essential part of the Court’s confidential deliberative work. Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case.
Chief Justice John G. Roberts, Jr., provided the following statement:
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.
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. 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.
I have directed the Marshal of the Court to launch an investigation into the source of the leak.”
Roberts says an investigation into how the document was leaked will be launched, calling it an “egregious breach of trust”.
The US Chief Justice described the leak as a “betrayal of the confidences of the court” that aimed to “undermine the integrity” of its operations.
BIDEN BACKS “FUNDAMENTAL” RIGHT
Biden says although he does not know if the leaked document reflects the final decision of the court, his administration has always favoured abortion.
“My administration argued strongly before the Court in defence of Roe v. Wade. I believe that a woman’s right to choose is fundamental, Roe has been the law of the land for almost fifty years, and basic fairness and the stability of our law demand that it not be overturned,”
he said.
Biden says his administration will be ready when any ruling is issued on the legality of abortion.
“If the court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose,”
said Biden.