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Supreme Court of the United States

'Stench' at the Supreme Court: Politically motivated leak over abortion shatters innocence

This tentative opinion can change dramatically, though the leaker likely didn't expect to coerce justices to change their votes. No, this leak was directed at Congress and the midterm elections.

Jonathan Turley
Opinion columnist

Justice Sonia Sotomayor surprised many court watchers in December during the oral argument in Dobbs v. Jackson Women’s Health Organization when she complained about the "stench" of politics pervading the case over abortion rights. 

The stench became overwhelming Monday night when Politico published a leaked copy of a working draft of the majority opinion in Dobbs. Chief Justice John Roberts verified the draft's authenticity Tuesday and launched an investigation.

The leak was a despicable act that shocked even the most cynical in Washington.

The draft opinion, if left unchanged, would sweep away Roe v. Wade and decades of precedent.

The author, Justice Samuel Alito, declares, "We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives."