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May 13, 2022

Draft SCOTUS Decision in Dobbs v. Jackson Women’s Health Organization Foreshadows Rollback of Reproductive Choice

On May 2, a source within the U.S. Supreme Court leaked a draft opinion in the pending Mississippi appeal that overturns Roe v. Wade. The decision would leave abortion regulation to state legislatures. It sets out a new test for rights not explicitly mentioned in the U.S. Constitution, requiring them  to be “deeply rooted in this Nation’s history and tradition” and “implicit in the concept of ordered liberty.” Chief Justice Roberts directed the Marshal of the Court to investigate the leak. Meanwhile, the leaked decision has touched off a flurry of legislation across the states, both further restricting and protecting abortion access.

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