Advancing Liberty Through Action

Leaked SCOTUS Decision--What's Next

May 3, 2022

Wow! A confirmed draft of a majority decision by the U.S. Supreme Court was leaked on the pending abortion case, Dobbs v. Jackson Women’s Health Organization. This 98-page draft opinion dismantles the abortion decisions of Roe v. Wade and Southeastern Pennsylvania Planned Parenthood v. Casey.

Below, I’ll break this down for you. When this opinion is officially released, it will be a powerful repudiation of Roe v. Wade! The next few days are going to be incredibly intense!

This will open the door for states to completely ban abortion for the first time in 50 years. At the same time, it does nothing to block radical states from passing bills allowing abortion up to—and even past—the point of birth, like in Colorado, and other states that are considering it now, including California and Maryland. Already Joe Biden is pushing Congress to codify Roe and legalize abortion.

With states attempting to outright legalize infanticide, it is critical for you to pressure our U.S. legislators to ban the murder of babies who have survived an abortion through the Born-Alive Abortion Survivors Protection Act (Born Alive Act) which is live in Congress. Already 250 legislators have signed on to this federal bill. Time is very short! Make your voice heard by sending urgent faxes demanding protection for these babies. — Mat

A leaked opinion on an abortion case from the U.S. Supreme Court appears that the Court will overturn Roe v. Wade.

The Court discusses Liberty Counsel’s amicus brief on the Dobbs case, which argues the roots of abortion are “motivated by a desire to suppress the size of the African American population.” The Court refers to Liberty Counsel’s brief in footnote 41 of the leaked opinion. The opinion continues, “it is beyond dispute that Roe has had that demographic effect. A highly disproportional percentage of aborted fetuses are black.”

The document also states: “Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division” (emphasis added).

America is on the cusp of one of the most important cases in the last 50 years! However, I believe this leak was done by someone who is radically pro-abortion, who is very upset with the direction the High Court was taking and wants to put pressure, and frankly, even put the lives of these Justices at risk. I urge you to pray for their safety and for them to continue steadfastly on this path.

The decision will overturn Roe and send abortion back to the states. This could open a huge Pandora’s Box in radical states. Something we can do right now is protect babies who survive a “failed” abortion. Make your voice heard loud and clear on Capitol Hill today. Help protect these children by sending your fax to demand the passing of the Born Alive Act at a national level.

I want to caution you against celebrating too soon. Exactly 30 years ago, in May 1992, the initial decision was 5-4 to overturn Roe v. Wade through Casey v. Planned Parenthood. However, at the last minute, Justice Kennedy changed his vote to continue the bloody reign of Roe.

We need to pray that a last-minute reversal does not happen again!

The draft document on Dobbs states, “The Court must not fall prey to such an unprincipled approach. Instead, guided by the history and tradition that map the essential components of our Nation’s concept of ordered liberty … the clear answer is that the Fourteenth Amendment does not protect the right to an abortion.”

This draft is a powerful ruling!

We are standing in a historic moment. The reverberations from Roe being overturned will circle the world. In courtrooms around the world, America is always looked to as a leader. I remember how Roe v. Wade affected judges globally, in Israel and other places.

Now America has the opportunity to again become an anchor of hope for the rest of the world. However, a victory in this case means that the real work is just beginning.

This will place a life-and-death battle on the doorstep of every state legislature. My team was on the front lines exposing Planned Parenthood executives who admitted under oath that they were illegally selling the organs harvested from babies, while abortion advocates testified that there was “no question” that some of these procedures would have resulted in live births … and still there was no prosecution for this evil.

The Court is doing its job. Now the rest is up to us. It is time to stop infanticide. Send your urgent faxes today to pass the Born Alive Act to help end this brutal reign of terror in radical states across America!

At this moment, our Ministry Center in D.C. is in the middle of reading every word of the Bible aloud in the U.S. Capitol Bible Reading Marathon. Outside our building, there are already people screaming and yelling about abortion while swinging coat hangers and burning candles. But inside our walls, the Bible is being read, cover-to-cover. The contrast is amazing.

For at least 20 years, the Lord placed on my heart that Roe v. Wade will be overturned in my lifetime. I have been praying and working for this outcome for years. This document appears to make that a reality.

It states: “Until the latter part of the 20th century, there was no support in American law for a constitutional right to obtain an abortion. Zero. None. No state conditional provision had recognized such a right … Roe either ignored or misstated this history, and Casey declined to reconsider Roe’s faulty historical analysis. It is therefore important to set the record straight.”

In addition, yesterday, my legal team won a unanimous Supreme Court decision, 9-0, in our Christian flag case for religious free speech.

There will be a mushrooming of needs for Liberty Counsel Action to be involved in policy battles across America. My team will never be content to stop fighting this battle until every child is protected from the moment of conception and beyond.

Your critical financial support today helps us prepare for this race to protect the youngest Americans. Thanks to our Challenge Grant, your monthly recurring donation or one-time gift to our organization can have an impact that will be DOUBLED right now.

Please pray that our Supreme Court Justices will be safe and stand firm.

Mat Staver, Chairman
Liberty Counsel Action

P.S. Please also sign our petition. And forward this message to your friends.


Christopher, Tommy. “BREAKING: Biden Responds, Calls on Congress to ‘Adopt Legislation That Codifies Roe.’” Mediaite, May 3, 2022.

Gerstein, Josh, and Alexander Ward. “Exclusive: Supreme Court Has Voted to Overturn Abortion Rights, Draft Opinion Shows.” Politico, May 2, 2022.

“Harvesting the Brains...Of Newborns.” Liberty Counsel Action, September 26, 2019.

“Live Updates | Chief Justice Orders Abortion Leak Probe.” Associated Press, May 3, 2022.

“Mice Have More Rights than Newborn Babies.” Liberty Counsel Action, September 24, 2019.