The biggest news out of America this week is the leakage of a US Supreme Court draft opinion on Roe vs Wade. But what is Roe vs Wade? In January 1973, the decision in the case of Roe vs Wade made it a constitutional right for a woman to terminate a pregnancy up to the point of birth. 

Let that sink in: it is a Constitutional Right to kill the unborn in America. Since Roe vs Wade, there is an estimated 63,459,781 abortions in the US.[1]

In the US Supreme Court, the 9 Justices (judges) decide cases by exchanging written drafts of their opinions to each other, prior to making a final ruling. These internal discussions are kept with utmost secrecy and a breach of confidentiality ought to result in permanent expulsion from the legal profession. However, on 3 May 2022, a draft majority opinion – written by Supreme Court Justice Samuel Alito but endorsed by at least four other Justices – was leaked[2] to news outlet POLITICO[3].

In the Draft, Samuel Alito states:  

“Roe [Roe vs Wade] was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences.”

“The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision”

The day after the leak, US Supreme Court Chief Justice John Roberts confirmed the authenticity of the leak and that the leak itself was illegal:

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.[4]

The source of this leak almost certainly came from a pro-abortion law clerk, and was designed to alert pro-abortion advocates to put political pressure on the Supreme Court Justices, which is exactly what they are doing now.

Protests were conducted outside of the US Supreme Court, and maps showing the location of each of the Justice’s home addresses were shared among pro-abortion activists, leading to further protests outside of the Justice’s homes (a federal crime[5]) and personal threats made on the Justices.

US President Joe Biden intends for Congress to adopt legislation that codifies Roe vs Wade into law[6] and US Vice President Kamala Harris joined the chorus of pro-abortionists: “How dare they! How dare they tell a woman what she can and cannot do with her body. How dare they!”.[7]

Overturning Roe vs Wade would mean that abortion would no longer considered as a constitutional right. But abortion would still be legal in America. Each of the US states would make its own laws about abortion.

So no victory yet, but it’s a step in the right direction.

What does this mean for us in Australia?

  1. Continue speaking up for those who cannot speak for themselves (Proverbs 31:8). America’s likely overturning of Roe vs Wade has come after decades of hard work. In the same way, your efforts will not be wasted.
  2. Prepare ourselves for the fight ahead. The vitriol and hatred directed at pro-life supporters in America is the same vitriol and hatred we will face in Australia.
  3. Pray that our Christian brothers and sisters in America will be strengthened to stand steadfast to protect the Lord’s unborn image-bearers. Pray we also will have strength to stand.

– Patrick Jason for Evangelicals for Life