2022 Election Cycle « Reactions to May 2, 2022 Leak of Draft U.S. Supreme Court Decision

Reactions to May 2, 2022 Leak of Draft U.S. Supreme Court Decision



U.S. Senate Republican Leader Mitch McConnell

May 3, 2022

McConnell: Supreme Court Should Tune Out Shameless Attacks and Follow the Rule of Law

WASHINGTON, D.C. – U.S. Senate Republican Leader Mitch McConnell (R-KY) delivered the following remarks today on the Senate floor regarding the Supreme Court:

“For years, the radical left has attacked the institution of the Supreme Court. Last night, it appears their campaign hit a new low.

“Historically, the Justices, clerks, and staff have prized and protected the Court’s confidentiality. The Justices must be able to discuss and deliberate in an environment of total trust and privacy. Americans cannot receive a fair trial if politicians, pundits, bullies, and mobs get a say in court.

“Judicial independence is vital. But the far left has spent years shamelessly attacking it. 

“Democrats in Congress have endorsed plans for partisan court-packing. They’ve sent the Justices threatening legal briefs. They’ve scheduled sham hearings to smear judges.

“In 2020, the Senate Democratic Leader marched across the street to the Court and shouted threats at multiple Justices by name if they didn’t rule how he wanted.

“In 2018, activists literally chased Senators around the Capitol.

“And now, last night, a shocking new breach.

“Somebody, likely somebody inside the Court, leaked a confidential internal draft to the press. Almost certainly in an effort to stir up an inappropriate pressure campaign to sway an outcome.

“The radical left immediately rallied around the toxic stunt. The cheerleaders for partisan court-packing applauded what they suggested was the work of, ‘a brave clerk’ making ‘a last-ditch Hail Mary attempt’ to cause a political firestorm and ‘cause the Court to reconsider.’

“Liberals want to rip the blindfold off Lady Justice. They want to override impartiality with intimidation. They want to elevate mob rule over the rule of law.

“The same political movement that used a leak to move up the timeline of Justice Breyer’s retirement process is trying to use another leak to make the Court less secure and less impartial.

“Never before in modern history has an internal draft been leaked to the public while the Justices were still deciding a case.

“Whoever committed this lawless act knew exactly what it could bring about.

“The Justices already require security. Less than two weeks ago, an unbalanced person lit himself on fire on the Court steps. Less than three years ago, a liberal mob tried to storm the Court, shoving past law enforcement and pounding on the doors.

“Everybody knows what kind of climate the far left is trying to fuel. One that is antithetical to the rule of law.

“Right on cue, top Democrats began publishing wild statements about what the Court might decide, packed with using unhinged rhetoric that could easily incite light a match.

“Activists flocked to the Court. An angry crowd surrounded the Court, chanting Justices’ names. There are renewed calls to smash the institutions of both the Senate and the Court at the same time.

“One of the Court’s most essential and sacred features was smashed just to buy the outrage-industrial complex a few extra days to scream nonsense about what the Court might rule.

“This lawless action should be investigated and punished to the fullest extent possible. I am certain the Chief Justice will seek to get to the bottom of this. If a crime was committed, the Department of Justice must pursue it completely.

“I want all nine Justices to know there are still principled Senators who have their backs no matter what. There are still some people in this Capitol — and a majority in the Senate — whose support for the rule of law is not conditional.

“The Court should tune out the bad-faith noise and feel completely free to do their jobs. They should follow the facts and the law wherever that leads.

“As I’ve warned in the past, courts bowing to activist pressure would never enhance judicial legitimacy. It could only erode it. And the hostage-takers would never settle for half a loaf.”


Republican National Committee

May 3, 2022

Dems reveal cruel abortion agenda

Yesterday’s leak of a draft Supreme Court decision was unprecedented, and legal scholars say it should never have happened. Through their reactions to Politico’s report, though, Democrat politicians showed once again just how extreme they truly are on abortion.


If the reported draft decision is adopted, it would move the abortion debate to where it belongs – to the American people. So why are Democrats so afraid to let the American people decide how to regulate abortion where they live? Because the Democrats’ agenda is radical and cruel.






Their “Abortion for All” act would allow a baby to be aborted up until the moment of birth, and even allow abortion for no other reason than the sex, race, or down syndrome diagnosis of the child. Not only that, they would force a pro-life doctor to perform the abortion by threatening their livelihood, and they would force pro-life taxpayers to pay for it.


Think of the cruelty of that position based on what we know about the unborn child with today’s modern medical science. At 22 days a baby has a heartbeat, at 8 weeks an unborn baby has a well-formed brain, by 12 weeks the baby is fully formed, and at 15 weeks the baby has a nose, eyelids, eyebrows and can feel pain.


It’s an agenda that polling consistently shows the American people would flat-out reject. Americans don’t agree with Democrat politicians – they don’t want a radical abortionist agenda that would make even North Korea balk.

Susan B. Anthony List
Contact:Mary Owens

SBA List Reaction to Draft Supreme Court Decision on Dobbs

Washington, D.C. – The national pro-life group Susan B. Anthony List (SBA List) issued the following statement tonight after Politico reported on a leaked draft opinion in the case of Dobbs v. Jackson Women’s Health Organization.

“If the draft opinion made public tonight is the final opinion of the court, we wholeheartedly applaud the decision. The American people have the right to act through their elected officials to debate and enact laws that protect unborn children and honor women,” said SBA List President Marjorie Dannenfelser. “If Roe is indeed overturned, our job will be to build consensus for the strongest protections possible for unborn children and women in every legislature.

“We also recognize the need for the pro-life movement to continue its existing work to support pregnant women and children in need. There are thousands of pro-life pregnancy centers and maternity homes nationwide and an ever-growing pro-life safety net. The pro-life movement will continue to grow to meet the needs of these women and their families, walking and planning with them to love and serve both mother and child.”

Dobbs v. Jackson Women’s Health Organization is a case involving a Mississippi law that limits abortion after 15 weeks. The Supreme Court will address whether all pre-viability abortion limits are unconstitutional. Science shows unborn children can feel pain by 15 weeks if not earlier. Public opinion polls consistently show that the strong majority of Americans reject abortion extremism.

SBA List is a network of 900,000 pro-life Americans nationwide, dedicated to ending abortion by electing national leaders and advocating for laws that save lives, with a special calling to promote pro-life women leaders. 

Concerned Women for America
May 2, 2022

Contact: Katie Everett, Press Secretary

CWA Calls on Dobbs to Release Dobbs Decision in Light of Leaks & Intimidation Tactics

Washington, D.C.— Penny Nance, CEO & President of Concerned Women for America, the largest public policy organization for women in the nation, had this to say about the leaked drafts of the United States Supreme Court Dobbs v. Jackson Women’s Health Organization:
    “The betrayal of trust we have witnessed today at the United States Supreme Court by what is reportedly the malicious leak of a private draft of the Court’s Dobbs opinion is outrageous. 
    “This appears to be another attempt by the left to intimidate the justices to uphold a law that is clearly unconstitutional. On the contrary, these tactics should only embolden the Court to stand firm on law and principle. Chief Justice John Roberts must take charge of his court and issue this decision as soon as possible, sending a clear message that the Court will never be intimidated.
    “The hundreds of thousands of members of Concerned Women for America  remain prayerful and cautiously optimistic as we work to provide loving alternatives to the violent ending of a human life through abortion.”


National Right to Life
May 2, 2022

National Right to Life on the Politico Article Regarding Supreme Court Draft Opinon in Dobbs v. Jackson

WASHINGTON – In response to the Politico article claiming to have a copy of the initial draft of the Supreme Court decision in Dobbs v. Jackson, National Right to Life agrees with the statement of Mississippi Attorney General Lynn Fitch who said, “We will let the Supreme Court speak for itself and wait for the Court’s official opinion.”

Founded in 1968, the National Right to Life Committee (NRLC), the federation of affiliates in each of the 50 states and the District of Columbia and more than 3,000 local chapters, is the nation’s oldest and largest grassroots pro-life organization. Recognized as the flagship of the pro-life movement, National Right to Life works through legislation and education to protect innocent human life from abortion, infanticide, assisted suicide and euthanasia.


The White House
May 3, 2022
Remarks by President Biden Before Air Force One Departure

Joint Base Andrews
Prince George’s County, Maryland

11:24 A.M. EDT

Q    What do you think of the ruling -- or the draft that leaked, sir?

THE PRESIDENT:  Well, first of all, I just got a call saying that it’s been announced that it is a real draft, but it doesn’t represent who’s going to vote for it yet.  I hope there are not enough votes for it.

It’s the main reason why I worked so hard to keep Robert Bork off the Court.  It reflects his view almost -- almost word -- anyway.

Look, the idea that -- it concerns me a great deal that we’re going to, after 50 years, decide a woman does not have a right to choose within the limits of the Supreme Court decision in Casey, number one.

But even more equally as profound is the rationale used.  And it would mean that every other decision relating to the notion of privacy is thrown into question.

I realize this goes back a long way, but one of the debates I had with Robert Bork was whether -- whether Griswold vs. Connecticut should stand as law.

The state of Connecticut said that the privacy of your bedroom -- you -- a husband and wife or a couple could not choose to use contraception; the use of contraception was a violation of the law.

If the rationale of the decision as released were to be sustained, a whole range of rights are in question -- a whole range of rights.  And the idea we’re letting the states make those decisions, localities make those decisions would be a fundamental shift in what we’ve done.

So, it goes far beyond -- in my view, if it becomes a law and if what is written is what remains, it goes far beyond the concern of whether or not there is the right to choose.  It goes to other basic rights: the right to marry, the right to determine a whole range of things.  Because one of the issues that this Court -- many of the members of the Court -- a number of the members of the Court have not acknowledged is that there is a right to privacy in our Constitution.

I strongly believe there is.  I think the decision in Griswold was correct overruling; I think the decision in Roe was correct, because there’s a right to privacy.  There can be limitations on it, but it cannot be denied.

Q    Do you think this leak has irreparably changed the Court?

THE PRESIDENT:  Beg your pardon?

Q    Do you think that this leak has irreparably changed the Court?  We’ve never seen this happen before.
THE PRESIDENT:  You know, if -- if this decision holds, it’s really quite a radical decision.
And, again, the underlying premise -- and, again, I’ve not had a chance to thoroughly go into the report -- the decision.  But it basically says all the decisions related to your private life -- who you marry, whether or not you decide to conceive a child or not, whether or not you can have an abortion, a range of other decisions -- whether or not -- how you raise your child --
What does this do -- and does this mean that in Florida they can decide they’re going to pass a law saying that same-sex marriage is not permissible, that it’s against the law in Florida?
And so, there’s a whole -- it’s a fundamental shift in American jurisprudence if it were to hold.
Q    Mr. President, should the Senate do away with the filibuster to codify Roe?
THE PRESIDENT:  I’m not -- I’m not prepared to make those judgments now about -- but, you know, I think the codification of Roe makes a lot of sense.
Look, think what Roe says.  Roe says what all basic mainstream religions have historically concluded -- that the right -- that the existence of a human life and being is a question.  Is it at the moment of conception?  Is it six months?  Is it six weeks?  Is it -- is it quickening, like Aquinas argued?
I mean, so the idea that we’re going to make a judgment that is going to say that no one can make the judgment to choose to abort a child based on a decision by the Supreme Court, I think, goes way overboard.
Q    What does this mean for the midterms?  What does this mean for the Democrats’ argument in the midterms?
THE PRESIDENT:  I haven’t thought that through yet.
Q    Do changes need to be made to the Court in light of this, if this decision holds?
THE PRESIDENT:  I beg your pardon?

Q    Do changes need to be made to the Court in light of this, if this decision holds?
THE PRESIDENT:  We have to choose -- I mean, look, one of the reasons why I voted against a number of the members of the Court: They refuse to acknowledge that there’s a 9th Amendment.  They refuse to acknowledge there’s a right to privacy.
I mean, there are so many fundamental rights that are affected by that.  And I’m not allo- -- I’m not prepared to leave that to the whims and the -- and the -- of the public at the moment in local areas.
Thank you so much.
11:29 A.M. EDT

Wisconsin Governor Tony Evers
May 3, 2022

Gov. Evers Leads Coalition of 17 Governors in Calling for Immediate Action to Protect Reproductive Rights

As U.S. Supreme Court appears poised to overturn Roe v. Wade, governors call for swift passage of Women’s Health Protection Act

MADISON — Gov. Tony Evers today led a coalition of 17 governors in calling for the U.S. Congress to take immediate action to protect reproductive rights and access to abortion. In a joint letter to congressionalleaders, the governors called for Congress to work quickly to pass legislation to codify the rights and protections prescribed in Roe v. Wade. The letter comes as a draft U.S. Supreme Court opinion in Dobbs v. Jackson Women’s Health Organization revealed yesterday that the Supreme Court is poised to overturn Roe, a ruling that established a constitutional right Wisconsinites and Americans have recognized and depended upon for nearly 50 years. 

The Supreme Court heard oral arguments in December 2021 regarding a Mississippi law prohibiting abortions after 15 weeks without exceptions for rape or incest, in direct conflict with the court’s previous rulings in Roe, among other reproductive health-related decisions. While the Supreme Court has not issued a final decision and abortion remains legal in the United States, a Supreme Court decision in Dobbs that reflects the draft opinion revealed yesterday could have severe consequences for all Wisconsinites—including Wisconsin women and their families. Wisconsin remains one of several states with existing criminal statutes enacted pre-Roe that prohibit nearly all abortion, which could go back into effect if Roe is overturned. Earlier this year, almost 49 years to the day since the Supreme Court issued its decision in Roe, Gov. Evers joined Attorney General Josh Kaul and advocates from across Wisconsin in calling on the Wisconsin State Legislature to urgently repeal Wisconsin’s existing criminal abortion ban. The Legislature adjourned for the regular session in March having taken no action. 

“Reproductive healthcare decisions are deeply personal and should be made by patients in consultation with their healthcare providers, not by politicians,” the governors wrote to congressional leaders. “Despite the widespread support for reproductive freedom, in many states across the nation, a U.S. Supreme Court decision in Dobbs that reflects the draft opinion would immediately limit access to reproductive healthcare and, in some states, could even criminalize abortion, ending constitutional rights that have been recognized for nearly 50 years.

The governors are calling for immediate passage of the Women’s Health Protection Act, which would protect access to abortion across the country, and to take any additional or necessary steps to codify protections under Roe. The Women’s Health Protection Act passed the U.S. House of Representatives last September but has not yet passed the U.S. Senate. 

“The consequences of overturning Roe v. Wade for millions across the nation cannot be overstated. Our collective responsibility to defend access to reproductive healthcare, including abortion, has never been more important,” the governors continued in the letter. “Overturning Roe will turn back the clock on reproductive health, and Congress must immediately take action to ensure that our nation does not go backward and that the rights of all Americans to access reproductive healthcare and abortion continue to be protected.

According to polling by the Marquette University Law School, 61 percent of Wisconsinites believe abortion should be legal in all or most cases. Additionally, 72 percent of Wisconsinites are opposed to overturning Roe v. Wade.

Gov. Evers has long advocated to protect access to reproductive healthcare. The governor has vetoed several bills passed by the Legislature, including several this biennium, that would have restricted access to abortion, inserted politics into the personal and private conversations between patients and their healthcare providers,and made it harder for doctors to provide medically accurate information and treatment. Many of these bills also sought to limit healthcare options for people seeking basic, necessary care, such as pregnancy care, cancer screening and prevention, sexually transmitted disease screening and treatment, and wellness exams.

An online version of this release is available here.


Democratic State Parties
May 3, 2022

MEDIA ADVISORY: 53 Democratic State Parties Issue Statement on Leaked SCOTUS Intent to Overturn Roe v. Wade

Columbia, SC — Last night, a draft opinion circulated indicating the Supreme Court’s intent to overturn Roe v. Wade. Given the additional powers this anticipated decision will yield to state and territorial legislatures, the listed State Parties, representing almost all of the states and territories of the nation, signed on to jointly offer the following statement:

“The shockwaves of Donald Trump’s presidency are neither gone nor forgotten. We are heartbroken - but not surprised - to see the draft opinion of the United States Supreme Court indicating it intends to overturn a half-century of constitutional jurisprudence in Dobbs v. Jackson Women’s Health Organization.

“Many of us live in states where abortion access has been overturned or torn apart by extremist Republicans who have no business interfering in personal health decisions. Abortion bans are not favored by a majority of Americans, and they never will be. They are, however, supported by an extremist group of right wing primary voters and donors – and that's why the GOP continues to fight to restrict abortion access nationally and in our legislatures. 

“In the wake of this decision, the Supreme Court’s anticipated opinion will signal a return of power to the elected representatives of each state and territory. Therefore, it is important now, more than ever, that we protect and exercise those rights that remain intact — our First Amendment rights to associate and to vote representatives into office who will stand firm and protect their constituents from the threats and whims of conservatives.

“Across America, our State Democratic Parties will work tirelessly to recruit, train, and support Democratic candidates for state and federal office who will fight for the right to abortion. We encourage our federal legislators to codify Roe immediately. We cannot and will not wait.”

South Carolina Democratic Party Chair Trav Robertson, Jr. said “Women who live in states with Republican governors and legislatures should not have fewer rights than women who live in states with Democratic governors and legislatures. Women are equal and must have the right to make their own reproductive decisions. South Carolina Democrats won’t stop fighting for your rights.”

Signed By:

Alabama Democratic Party

Alaska Democratic Party

Arizona Democratic Party

Arkansas Democratic Party

California Democratic Party

Colorado Democratic Party

Connecticut Democratic Party

DC Democratic Party

Delaware Democratic Party

Democrats Abroad

Florida Democratic Party

Georgia Democratic Party

Guam Democratic Party

Democratic Party of Hawai‘i

Idaho Democratic Party

Democratic Party of Illinois

Indiana Democratic Party

Iowa Democratic Party

Kansas Democratic Party

Louisiana Democratic Party

Maine Democratic Party

Maryland Democratic Party

Massachusetts Democratic Party

Michigan Democratic Party

Minnesota DFL Party

Mississippi Democratic Party

Missouri Democratic Party

Montana Democratic Party

Nebraska Democratic Party

Nevada State Democratic Party

New Hampshire Democratic Party

New Jersey Democratic State Committee

New Mexico Democratic Party

New York State Democratic Party

North Carolina Democratic Party

North Dakota Democratic-NPL Party

Ohio Democratic Party

Oklahoma Democratic Party

Democratic Party of Oregon

Pennsylvania Democratic Party

Rhode Island Democratic Party

South Carolina Democratic Party

South Dakota Democratic Party

Tennessee Democratic Party

Texas Democratic Party

Utah Democratic Party

Vermont Democratic Party

Virginia Democratic Party

Democratic Party of the Virgin Islands

Washington State Democratic Party

West Virginia Democratic Party

Democratic Party of Wisconsin

Wyoming Democratic Party


May 3, 2022

Joint Statement From DGA, DNC, DSCC, DCCC, DLCC On SCOTUS Plan To Overturn Roe v. Wade

In response to reporting that the Supreme Court plans to overturn Roe v. Wade, DGA Chair Roy Cooper, DNC Chair Jaime Harrison, DSCC Chair Gary Peters, DCCC Chair Sean Patrick Maloney, and DLCC Chair Andrea Stewart-Cousins issued the following joint statement:

“The Republican attacks on abortion access, birth control and women’s health care have dramatically escalated the stakes of the 2022 election. At this moment of crisis, Democrats are standing shoulder to shoulder with millions of Americans in this fight. And in November, we must elect Democrats who will serve as the last lines of defense against the GOP’s assault on our established and fundamental freedoms.

“These elections will now determine whether cruel new restrictions on abortion will be put in place: whether states will be allowed to criminalize abortion and ban it even in cases of rape or incest.
“We want to make this very clear: Abortion is legal. It is your right. And the Democratic Party will fight to ensure this fundamental freedom remains intact. For voters, the consequences of the election for the future of our country have never been higher.”

Democratic National Committee
May 2, 2022

DNC on Reporting that SCOTUS Plans to Overturn Roe v. Wade

The DNC released the following statement in response to reporting that the Supreme Court plans to overturn Roe v. Wade:

“If this report is true and the Supreme Court votes to overturn Roe v. Wade, it would deal a devastating blow to reproductive rights and Americans’ fundamental freedom to make their own decisions about their health care and families. For decades, the Supreme Court has upheld precedent and protected access to safe, legal abortions, as well as the privacy of a decision made between women and their doctor. Now, due to extremist Republicans and conservative justices on the Supreme Court, women could lose access to the health care they need and that the overwhelming majority of Americans support.

“Make no mistake: reproductive rights will be on the ballot and this midterm election is more important now than ever before. Voters will make their voices heard, we will fight back with everything we have, and Republicans will have to answer for their party’s relentless attacks on Americans’ rights.”


NARAL Pro-Choice America
For Immediate Release: Monday, May 2, 2022

NARAL Pro-Choice America Responds to Report That Supreme Court Will Overturn Roe v. Wade in Draft Opinion

Following reports that a majority of Supreme Court justices are planning to strike down Roe v. Wade and allow states to ban abortion in the coming months, NARAL Pro-Choice America Mini Timmaraju released the following statement:

“This is the most ominous and alarming sign yet that our nation’s highest court is poised to overturn Roe v. Wade, ending the constitutional right to abortion as we know it and ripping away our freedom to decide if, when, and how to raise our families. While this is a draft opinion and abortion is still legal, we need to brace for a future where more and more people are punished and criminalized for seeking and providing abortion care. Now more than ever, we must support those working to provide abortion care and elect champions who will relentlessly fight for reproductive freedom and take bold action to safeguard abortion rights.”

Today’s shocking and unprecedented leak follows multiple other signals that the Supreme Court is poised to overturn the landmark Roe v. Wade case that recognized the constitutional right to abortion. Meanwhile, abortion care is already almost entirely out of reach in Texas because a vigilante-enforced law banning abortion as early as six weeks of pregnancy rendered Roe meaningless in the state. Other states are clamoring to follow Texas’ lead even before the Supreme Court announces its opinion in the Jackson Women’s Health case.

Should Roe fall, 28 states are poised to take action to prohibit abortion outright. Of those, 13 states already have “trigger bans” in place, which would ban abortion automatically if Roe is overturned. These bans and attacks on abortion access fall hardest on those most marginalized, including people of color, LGBTQ people, people with low incomes, and those in rural communities.

For over 50 years, NARAL Pro-Choice America has fought to protect and advance reproductive freedom at the federal and state levels—including access to abortion care, birth control, pregnancy and post-partum care, and paid family leave—for every body. NARAL is powered by its more than 2.5 million members from every state and congressional district in the country, representing the 8 in 10 Americans who support legal abortion.

U.S. Supreme Court

For Immediate Release For Further Information Contact:
May 3, 2022 Patricia McCabe

Yesterday, a news organization published a copy of a draft opinion in a pending case. Justices circulate draft opinions internally as a routine and essential part of the Court’s confidential deliberative work. 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.

Chief Justice John G. Roberts, Jr., provided the following statement:

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.