“To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed. “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.” The work of the Court will not be affected in any way,” Roberts pledged in a written statement. Roberts also stressed that the draft opinion “does not represent a decision by the Court or the final position of any member on the issues in the case.” The court spokesperson had declined comment pre-publication.
POLITICO received a copy of the draft opinion from a person familiar with the court’s proceedings in the Mississippi case along with other details supporting the authenticity of the document. The draft opinion runs 98 pages, including a 31-page appendix of historical state abortion laws. The document is replete with citations to previous court decisions, books and other authorities, and includes 118 footnotes.
The appearances and timing of this draft are consistent with court practice.