The draft says that a majority of the court is prepared to overrule the landmark 1973 decision, Roe v. Wade, that legalized abortion nationwide.
FILE - This photo shows the U.S. Supreme Court Building, Wednesday, Jan. 25, 2012 in Washington. A draft opinion circulated among Supreme Court justices suggests that a majority of high court has thrown support behind overturning the 1973 case Roe v. Wade that legalized abortion nationwide, according to a report published Monday night, May 2, 2022 in Politico. – The Supreme Court keeps secrets.
A decision in the case had been expected before the court begins its summer recess in late June or early July, so it could be more than a month before the court actually issues a final opinion. If the court does what the draft suggests, the ruling would upend a nearly 50-year-old decision; its advance publication would also disturb an almost unbroken tradition of secrecy at the court.
“This is the equivalent of the pentagon papers leak, but at the Supreme Court. I’m pretty sure there has never ever been such a leak. And certainly not in the years I’ve been following the Supreme Court," Katyal wrote on Twitter.Part of the reason the Supreme Court has historically been so leak-proof is that only a handful of people have access to decisions before they're published. That includes the justices themselves and the small group of people who work for them.
And in the late 1970s, ABC's Tim O'Brien had a half a dozen scoops on rulings. The reports both astonished and upset the justices, according to a book by Barrett McGurn, the court's former public information officer. It was unclear where O'Brien was getting his information, though then-Chief Justice Warren Burger suspected someone in the court's print shop, who would have had access to the rulings.
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