Supreme Court doesn’t rule in case that could overturn Roe v. Wade, extending wait for blockbuster decision


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The Supreme Court Monday did not issue a ruling in the case Dobbs v. Jackson Women’s Health Organization, prolonging for at least one more week the wait for its opinion which is expected to overturn the right to an abortion.

Last month, Politico published a leaked draft opinion which indicated the Supreme Court is set to overturn Roe v. Wade, the 1973 case that established a federal right to an abortion. 

The justices released decisions in multiple cases Monday, but Dobbs was not among them. There’s now approximately a month left in the court’s current term. A ruling in Dobbs is expected to come by either late June or early July. 

Supreme Court Police officers guard a barrier between anti-abortion and pro-abortion rights protesters outside the court building, ahead of arguments in the Mississippi abortion rights case Dobbs v. Jackson Women’s Health, in Washington, U.S., December 1, 2021. REUTERS/Jonathan Ernst
(REUTERS/Jonathan Ernst)

The court ruled in three cases Monday. One was a bankruptcy law case involving a trustee for the defunct tech store Circuit City, another was a Florida-based case on Medicaid and a third was a labor dispute involving Southwest Airlines and a worker who wanted to sue the airline over allegedly lacking overtime wages rather than go to arbitration. 

The Dobbs case stems from a dispute over a Mississippi law which bans abortion after 15 weeks. Argued in December, the case is seen as the biggest test yet for how the new 6-3 Republican-appointed majority on the court – capped with the confirmation of Justice Amy Coney Barrett in 2020 – will handle major controversial issues.

As the Supreme Court continues to finalize its ruling in Dobbs and several other cases before its summer recess, the investigation into who leaked the draft opinion by court officials is ongoing. 

“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,” Chief Justice John Roberts said in a statement in May. 

“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,” he added. “I have directed the Marshal of the Court to launch an investigation into the source of the leak.”

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The probe intensified in recent days, a source familiar with it confirmed to Fox News last week. Officials were “in the process” of having law clerks turn over personal cellphone records and sign affidavits. It was unclear the precise extent and scope of the information being sought of the clerks. Also unclear is whether there has been compliance, or whether some clerks will resist and seek legal representation.

Fox News’ Shannon Bream and Bill Mears contributed to this report. 



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