Live updates: Chief Justice John Roberts has warned Supreme Court clerks, staff to maintain confidentiality in court dealings

OSTN Staff

Pro-choice demonstrators hold signs in front of the US Supreme Court in Washington, DC, on May 3, 2022.
Pro-choice demonstrators hold signs in front of the US Supreme Court in Washington, DC, on May 3, 2022.

  • The Supreme Court confirmed a leaked draft decision overturning Roe v. Wade is authentic.
  • The ruling — which hasn’t been finalized — would throw out a woman’s constitutional right to have an abortion.
  • President Joe Biden urged voters to elect pro-choice lawmakers during the upcoming midterms. 
The draft leak was Chief Justice John Roberts’ worst ‘nightmare’

Chief Justice John Roberts
Chief Justice John Roberts ordered an investigation into the leak of a draft opinion.

Chief Justice John Roberts has a pattern of warning Supreme Court clerks and staff to maintain confidentiality in court dealings. Roberts would highlight to the clerks that leaking information could mean blows to their careers, clerks told Insider.

Legal experts called the breach — which is almost unprecedented — “highly disturbing.” 

Roberts has instructed the court marshal to start an investigation into the leak. He called it a “betrayal of the confidences of the court.”

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Oklahoma Gov. Kevin Stitt signs Texas-style bill that bans abortions around the six-week pregnancy mark

Stitt signed SB 1503 — a bill that mirrors the highly restrictive Texas abortion ban — on Tuesday saying he wants Oklahoma “to be the most pro-life state in the country.”

The “Oklahoma Heartbeat Act” would make it illegal for any pregnant individual to obtain an abortion passed the point when a heartbeat can be detected in the fetus. This typically occurs around the sixth week of pregnancy — though most people are unaware that they are pregnant at this point. 

The bill leaves out exceptions including rape or incest and only allows the procedure if the impregnated person’s life is at risk.

It also enables private citizens to sue others who induce or provide an abortion for up to $10,000, just like the Texas law. The bill immediately goes into effect since Stitt signed.

Oklahoma lawmakers passed another abortion law in April forbidding medical professionals from performing the procedure except in medical emergencies — punishable by up to 10 years in prison and $100,000 in fines. This bill would go into effect in the summer unless courts stop it.

Some companies are covering travel costs for employees seeking abortion in different states

Sarah Goggans (C) holds her daughter Lilith Centola in front of the US Supreme Court as demonstrators gather in Washington, DC, on May 3, 2022.
Sarah Goggans (C) holds her daughter Lilith Centola in front of the US Supreme Court as demonstrators gather in Washington, DC, on May 3, 2022.

Some US companies are taking steps in response to increasing restrictions on abortion access.  

Amazon, Apple, and Citi, for example, are covering travel costs for employees seeking abortion in different states.

At least half of US states are “certain or likely” to ban abortion if the landmark Roe v. Wade ruling is struck down, according to analysis by the Guttmacher Institute.

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AOC calls Sen. Kyrsten Sinema ‘an obstructionist’ and rips on the Arizona lawmaker

Sen. Kyrsten Sinema, D-Ariz.; Rep. Alexandria Ocasio-Cortez, D-N.Y.
Sen. Kyrsten Sinema, D-Ariz.; Rep. Alexandria Ocasio-Cortez, D-N.Y.

Rep. Alexandria Ocasio-Cortez called Sen. Kyrsten Sinema “an obstructionist” and slammed the Arizona lawmaker for refusing to support changes to the Senate filibuster to codify abortion protections.

“We could protect Roe tomorrow, but Sinema refuses to act on the filibuster. Until that changes she can take a seat talking about ‘women’s access to health care,'” Ocasio-Cortez said, calling for Sinema to be primaried. 

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Republican Sen. Lisa Murkowski said her “confidence” in SCOTUS has been rocked

Republican Sen. Lisa Murkowski said her “confidence” in the Supreme Court has been rocked after the leaked draft opinion suggesting Roe v. Wade would be overturned. 

“Roe is still the law of the land. We don’t know the direction that this decision may ultimately take, but if it goes in the direction that this leaked copy has indicated I will just tell you that it rocks my confidence in the court right now,” she told reporters. 

Murkowski, who supports abortion rights, voted to approve Conservatives Neil Gorsuch and Amy Coney Barrett to the Supreme Court.

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Kamala Harris says the ‘rights of all Americans are at risk’ after leaked draft opinion

Vice President Kamala Harris and Second Gentleman Doug Emhoff disembark from Air Force 2 at San Francisco International Airport on April 21, 2022 in California.
Vice President Kamala Harris and Second Gentleman Doug Emhoff disembark from Air Force 2 at San Francisco International Airport on April 21, 2022 in California.

Vice President Kamala Harris said in a statement that “the rights of all Americans are at risk” as the Supreme Court seems set to overturn Roe v. Wade. 

“If the right to privacy is weakened, every person could face a future in which the government can potentially interfere in the personal decisions you make about your life,” Harris said.

She added: “Republican legislators in states across the country are weaponizing the use of the law against women.”

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Sen. Elizabeth Warren rips Republicans for ‘plotting’ to get a conservative Supreme Court

U.S. Sen. Elizabeth Warren (D-MA) speaks to pro-choice demonstrators outside of the U.S. Supreme Court Building on May 03, 2022 in Washington, DC.
U.S. Sen. Elizabeth Warren (D-MA) speaks to pro-choice demonstrators outside of the U.S. Supreme Court Building on May 03, 2022 in Washington, DC.

Sen. Elizabeth Warren slammed Republicans for “plotting” to get a conservative Supreme Court and overturn Roe v. Wade. 

“The Republicans have been working toward this day for decades,” Warren told reporters Tuesday. “They have been out there plotting, carefully cultivating these Supreme Court justices so they could have a majority on the bench who would accomplish something that the majority of Americans do not want.”

She said she’s “angry and upset and determined,” after the leaked draft opinion appearing to signal the landmark Roe v. Wade ruling will be overturned. 

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Sen. Kyrsten Sinema stands by her support of the Senate filibuster

Sen. Kyrsten Sinema, D-Ariz., speaks during a Senate Homeland Security and Governmental Affairs Committee hearing on Feb. 1, 2022 in Washington.
Sen. Kyrsten Sinema, D-Ariz., speaks during a Senate Homeland Security and Governmental Affairs Committee hearing on Feb. 1, 2022 in Washington.

Sen. Kyrsten Sinema is standing by her support of the Senate filibuster, busting Democrats’ hopes of codifying Roe v. Wade into law.  

“Protections in the Senate safeguarding against the erosion of women’s access to health care have been used half-a-dozen times in the past ten years, and are more important now than ever,” she said in a Tuesday statement.

The filibuster requires most legislation to get a three-fifths majority to head to debate, meaning Democrats can’t pass many policy items in an evenly divided Senate. 

 
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Rep. Cori Bush said she’s ‘broken up’ by the Roe v. Wade draft opinion

Democratic Rep. Cori Bush — who previously revealed she got an abortion after being raped as a teen — said she was “broken up” after the leaked draft opinion suggesting the Supreme Court would overturn the constitutional right to abortion.

“I’m pretty broken up,” the 45-year-old Missouri congresswoman told The New York Times in an interview on Tuesday.

She added: “Whether you have an abortion, or whether you have the child, no one is on that table with you. No one is on that bed with you.”

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Supreme Court confirms authenticity of leaked draft opinion gutting abortion rights

U.S. Supreme Court Police officers set up barricades on the sidewalk as pro-choice and anti-abortion activists demonstrate in front of the U.S. Supreme Court Building on May 03, 2022 in Washington, DC.
U.S. Supreme Court Police officers set up barricades on the sidewalk as pro-choice and anti-abortion activists demonstrate in front of the U.S. Supreme Court Building on May 03, 2022 in Washington, DC.

The Supreme Court confirmed the authenticity of a leaked draft opinion that would overturn the landmark 1973 Roe v. Wade ruling guaranteeing abortion rights.

“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,” the court said in a statement.

Chief Justice John Roberts announced the court will investigate to find out who leaked the document.

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Susan Collins slams Justices Neil Gorsuch and Brett Kavanaugh after leaked draft opinion

Susan Collins dais
Susan Collins

Republican Sen. Susan Collins slammed conservative Justices Neil Gorsuch and Brett Kavanaugh in the wake of the leaked draft opinion that would overturn the right to an abortion.

“If this leaked draft opinion is the final decision and this reporting is accurate, it would be completely inconsistent with what Justice Gorsuch and Justice Kavanaugh said in their hearings and in our meetings in my office,” Collins said in a statement.

Collins — who supports abortion rights — has previously defended her decision to vote for Gorsuch and Kavanaugh’s Supreme Court confirmations. 

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Majority Leader Schumer says the Senate will vote on an abortion rights bill

Senate Majority Leader Chuck Schumer promised to hold a vote that would codify federal abortion rights into law.

“A vote on this legislation is not an abstract exercise. This is as urgent and real as it gets,” Schumer said during a speech on the Senate floor. “We will vote to protect a woman’s right to choose and every American is going to see on which side every American stands.”

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Biden says it’s up to ‘voters to elect pro-choice officials’ after leaked SCOTUS draft opinion

Biden at former Vice President Walter Mondale’s memorial service in Minneapolis, Minnesota, on May 1, 2022.
Biden at former Vice President Walter Mondale’s memorial service in Minneapolis, Minnesota, on May 1, 2022.

President Joe Biden urged voters to elect pro-choice lawmakers in the wake of a leaked draft opinion seemingly suggesting that the Supreme Court would overturn Roe v. Wade. 

Biden in a Tuesday statement said at a federal level, the country needs “more pro-choice Senators and a pro-choice majority in the House” so he can pass legislation to codify Roe v. Wade. 

“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,” the president added. “And it will fall on voters to elect pro-choice officials this November.” 

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McConnell lashes out at Democrats over reactions to Roe v. Wade leak

Mitch McConnell
Senate Minority Leader Mitch McConnell (R-KY) departs the US Capitol on April 27, 2022.

Senate Minority Leader Mitch McConnell slammed Democrats over their reactions to the leaked draft opinion showing the Supreme Court is set to undo abortion rights. 

“By every indication, this was yet another escalation in the radical left’s ongoing campaign to bully and intimidate federal judges and substitute mob rule for the rule of law,” McConnell said in a statement.

He also called the leak “an attack on the independence of the Supreme Court.” 

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California Gov. Gavin Newsom proposes to build a statewide constitutional ‘firewall’ around abortion rights

California Gov. Gavin Newsom on Tuesday proposed building a statewide constitutional “firewall” around abortion rights.

“California will build a firewall around this right in our state constitution,” Newsom said in a joint statement with California’s State Senate President Toni Atkins and State Assembly Speaker Anthony Rendon.

The statement said California lawmakers will propose a constitutional amendment to “enshrine the right to choose.”

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Democrats plan to make abortion rights a huge midterm issue

Abortion rights advocates and anti-abortion protesters demonstrate in front of the U.S. Supreme Court, Wednesday, Dec. 1, 2021, in Washington, as the court hears arguments in a case from Mississippi, where a 2018 law would ban abortions after 15 weeks of pregnancy, well before viability.
Abortion rights advocates and anti-abortion protesters demonstrate in front of the U.S. Supreme Court, Wednesday, Dec. 1, 2021, in Washington, as the court hears arguments in a case from Mississippi, where a 2018 law would ban abortions after 15 weeks of pregnancy, well before viability.

Democrats plan to make abortion a main talking point ahead of the fall midterm elections if the Supreme Court overturns existing protections for women’s reproductive rights.

If the landmark Roe v. Wade ruling is overturned, pro-choice groups say outrage could help inspire people to vote. 

“The reality is abortion is absolutely going to be on the ballot in 2022, no ifs, ands, or buts about it,” Kristin Ford, vice president of communications at NARAL Pro-Choice America, told Insider in March.

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Democrats are worried that same-sex marriage and civil rights could be targeted next after SCOTUS leak

Democratic lawmakers are concerned that same-sex marriage and civil rights could be undone next in the wake of a leaked draft opinion showing the Supreme Court is set to overturn abortion rights.

The Supreme Court “isn’t just coming for abortion – they’re coming for the right to privacy Roe rests on, which includes gay marriage + civil rights,” Rep. Alexandria Ocasio-Cortez tweeted on Monday.

Legal scholar Laurence Tribe wrote on Twitter that next steps may include a “nationwide abortion ban, followed by a push to roll back rights to contraception, same-sex marriage, sexual privacy, and the full array of textually unenumerated rights long taken for granted.” 

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SCOTUS leaked draft opinion is unprecedented, but details about Court deliberations have been made public before

abortion protest outside Supreme Court
Caroline McDonald, left, a student at Georgetown University, Lauren Morrissey, with Catholics for Choice, and Pamela Huber, of Washington, join a pro-choice rally outside the Supreme Court, Monday, Nov. 1, 2021, as arguments are set to begin about abortion by the court, on Capitol Hill in Washington.

The leaked draft opinion seemingly showing that the Supreme Court is poised to overturn Roe v. Wade is certainly unprecedented. 

An entire draft opinion has never been leaked like this before. 

But details about justices’ deliberations have been made public before — for example a 1972 memo about Roe that was leaked to the Washington Post before it became public. 

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Biden has been reluctant to say the word ‘abortion’ throughout his term

President Joe Biden has been reluctant to publicly say the word “abortion” since he took office in January 2021.

According to CNN, he has never said the word “abortion” out loud and used it a few times in some written statements. 

During his presidential campaign, Biden promised to codify the landmark 1973 ruling in Roe v. Wade.

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Democrats want to ‘codify Roe,’ but it’s unlikely to succeed

Chuck Schumer talks about abortion rights
Senate Majority Leader Chuck Schumer discusses efforts to codify Roe v. Wade into law this past February.

In the wake of the leaked draft Supreme Court opinion, Democrats have quickly organized to codify Roe v. Wade and make it a law.

One thing stopping Democrats’ efforts, however, is the Senate filibuster. 

Democrats are currently focusing on the Women’s Health Protection Act as a way to protect women’s’ federal right to abortion. 

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A constitutional amendment protecting abortion rights is nearly impossible to get through

A rare copy of the US Constitution
The First Printing of the Final Text of the United States Constitution is on display during a press preview at Sotheby’s on September 17, 2021 in New York City.

Amending the Constitution is extremely difficult and rare. An amendment protecting abortion rights is nearly impossible.

Abortion rights amendments have previously been proposed by both supporters and opponents. 

In the 233-year-long lifespan of the Constitution, it has only been amended 27 times — most recently in 1992 — and would require massive support in Congress and among states. 

 
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Legal experts are shocked the drafted decision leaked

The nine supreme court justices
Seated from left: Samuel Alito, Clarence Thomas, John Roberts, Stephen Breyer and Sonia Sotomayor, Standing from left: Brett Kavanaugh, Elena Kagan, Neil Gorsuch and Amy Coney Barrett.

Legal experts have expressed shock at the fact that a draft opinion from the Supreme Court was leaked to Politico. 

“The fact that it leaked is, to me, the most surprising thing,” Harvard Law School professor I. Glenn Cohen told Insider.

Mark Kende, a law professor at Drake University, told Insider that it’s “highly disturbing that the opinion was improperly leaked in an unprecedented way, presumably by someone at the Court.”

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Top Democrats slam SCOTUS justices for ‘one of the worst’ decisions in history

Senate Minority Leader Chuck Schumer, D-N.Y., and House Democratic Leader Nancy Pelosi of California, the speaker-designate for the new Congress, talk to reporters as a revised spending bill is introduced in the House that includes $5 billion demanded by President Donald Trump for a wall along the U.S.-Mexico border, as Congress tries to avert a partial shutdown, in Washington, Thursday, Dec. 20, 2018. (AP Photo/J. Scott Applewhite)
Senate Minority Leader Chuck Schumer and House Speaker Designate Nancy Pelosi.

House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer slammed the potential Supreme Court ruling as  “one of the worst and most damaging decisions in modern history.”

Their remarks came in response to a leaked draft opinion published by Politico that appears to show the Supreme Court is set to overturn the landmark Roe v. Wade case. 

“If the report is accurate, the Supreme Court is poised to inflict the greatest restriction of rights in the past fifty years – not just on women but on all Americans,” Pelosi and Schumer said in a joint statement. 

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Protesters in support of Roe v. Wade gathered outside Supreme Court

Pro-choice and anti-abortion activist rally outside of the U.S. Supreme Court on May 02, 2022 in Washington, DC. In an initial draft majority opinion obtained by Politico, Supreme Court Justice Samuel Alito allegedly wrote that the cases Roe v. Wade and Planned Parenthood of Southeastern v. Casey should be overruled, which would end federal protection of abortion rights across the country.
Pro-choice and anti-abortion activist rally outside of the U.S. Supreme Court on May 02, 2022 in Washington, DC. In an initial draft majority opinion obtained by Politico, Supreme Court Justice Samuel Alito allegedly wrote that the cases Roe v. Wade and Planned Parenthood of Southeastern v. Casey should be overruled, which would end federal protection of abortion rights across the country.

Hundreds of protestors gathered outside the Supreme Court in Washington, DC, late on Monday night after Politico published a leaked draft opinion suggesting that Roe v. Wade was poised to be overturned. 

“I got down here early, right, cause I got home from a long day kicked off shoes my shoes, opened Twitter, saw that Roe v. Wade was trending to be overturned, put my shoes back on, and came right back from east of the river,” Rev. Wendy Hamilton, a Democratic congressional candidate from DC, told Insider. 

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Leaked draft opinion shows SCOTUS set to overturn Roe v. Wade

Supreme Court
The U.S. Supreme Court building is seen at sunset in Washington on Thursday, Dec. 2, 2021.

A leaked draft opinion obtained by Politico appears to show that the Supreme Court is poised to overturn the 1973 landmark Roe v. Wade ruling that granted women the constitutional right to an abortion.

Politico late Monday published the 98-page initial draft majority opinion, purportedly authored by Justice Samuel Alito who said Roe was “egregiously wrong from the start.”

“We hold that Roe and Casey must be overruled,” the draft opinion says, labeled as the “Opinion of the Court,” according to the report.

The decision — if finalized — would mark a momentous shift in constitutional rights. Over a dozen GOP states have laws that would immediately restrict abortion access if Roe v. Wade is overturned. 

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Read the original article on Business Insider

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