Leaked Supreme Court opinion doesn’t argue that we need a ‘domestic supply of infants’

An out-of-context quote taken from a footnote in the leaked Supreme Court draft opinion that would strike down Roe v. Wade is being used to stir up partisan outrage online. But the draft opinion does not cite this as a rationale for overturning the constitutionally protected right to abortion. Let’s take a look at the facts.

The leaked Supreme Court draft opinion overturning Roe v. Wade does not argue that a shortage in the “domestic supply of infants” is a reason to strike down federally protected abortion rights.

This language originated in a 2008 report from the Centers for Disease Control and Prevention that is quoted in a footnote on page 34 of the draft opinion.

NewsLit takeaway

Hyperpartisan groups often seek to provoke outrage as a strategy to generate engagement and galvanize support on social media — even if it means pushing misleading or inaccurate messages. In this case, the progressive advocacy organization The Other 98% passes off language from a 2008 CDC report that is quoted in a footnote in the leaked opinion. The citation appears in a section of the opinion draft summarizing arguments against abortion, including the increase in “safe haven” laws and the idea that a person who puts their “newborn up for adoption today has little reason to fear that the baby will not find a suitable home,” given the number of people seeking to adopt. The CDC report is cited to support that claim. This meme also inaccurately attributes the leaked draft to Justice Amy Coney Barrett and invokes a longstanding falsehood linking her religious beliefs to the dystopian novel, The Handmaid’s Tale — likely as a way to provoke further outrage.

Featured Fact-Checks

“Fact check: False claim about 'domestic supply of infants' and draft Supreme Court abortion opinion” (Sudiksha Kochi, USA Today).