Fact-check on domestic supply of infants quote from SCOTUS

The line used in both the leaked draft opinion and the final decision overthrowing Roe v. Wade showed up is actually a footnote referencing the 2008 CDC report on the adoption.

Update June 24, 2022: The Supreme Court upheld the case of Roe v. Wade and ruled in favor of Mississippi’s anti-abortion law in Dobbs v. Jackson Women’s Health Organization. This story references a line referring to a “home care of infants” that was included in both the draft opinion and the final judgment. This story has been updated to reflect the Supreme Court’s official decision.

In early May, Politico released a leaked copy of a draft Supreme Court majority opinion predicting that the Court of Roe v. Wade would overthrow, which legalized abortion nationwide.

On June 24, the Supreme Court overturned the decades-old abortion ruling, paving the way for abortion bans to go into effect in about half of US states.

When the draft decision was leaked, some Twitter users claimed that Supreme Court Justices Samuel Alito and Amy Coney Barrett said in the draft opinion that the United States needs “home baby care” for acceptance as Justification for the fall of Roe v. calf.


Did the Supreme Court justices say in the draft opinion that the US needs a “domestic supply of infants” for adoption?



That's wrong.

No, the Supreme Court justices did not say in the draft opinion that the US needs a “domestic supply of infants” for adoption.


Judges Samuel Alito and Amy Coney Barrett did not write the line in the draft opinion that refers to “domestic infant care” in the United States. This wording comes from a 2008 report by the Centers for Disease Control and Prevention (CDC) on adoption, which was included as a footnote in the draft opinion.

The footnote was also included in the Supreme Court’s June 24 final decision.

The CDC report, titled “Adoption Experiences of Women and Men and Demand for Children for Adoption by Women Ages 18 to 44 in the United States,” used data from the 2002 National Survey of Family Growth, says a press release.

While outlining arguments by anti-abortion advocates, Alito wrote on page 34 of the draft report that “a woman giving up her newborn child for adoption today has little reason to fear that the baby will not find a suitable home.” The footnote also appeared on page 34 of the final decision.

That line had a footnote citing page 16 of the 2008 CDC report: “Nearly 1 million women sought to adopt children (ie, they desired a child) in 2002 while native infant care was at or within birth.” the first month of life was given up and the possibility of being adopted was practically non-existent.”

The phrase “home care of infants and children” is also used in the introduction to the CDC report, as experts state that the number of adoptions “is determined by the number of children available for adoption (care) and the number of individuals and couples.” will accept (demand) those looking for children.” Societal changes — including unmarried, pregnant people keeping and raising their babies more often — have led to a decline in the number of children put up for adoption in the United States, according to the report.

“Due to the decline in the domestic supply of infants and children available for adoption, more affluent women and couples have increasingly sought to adopt children from other countries,” the report says.

The draft and final statement said that the US Constitution does not include the right to abortion, meaning states should be allowed to regulate, prohibit, or permit the procedure.

“It is time to respect the Constitution and return the issue of abortion to the elected representatives of the people,” the draft opinion reads in part. The quote was also in the final opinion.

So we can VERIFY that Alito did not say in the draft opinion that the US requires a “household of infants” for adoption. The footnote references a 2008 CDC report that included this language.

The Associated Press contributed to this report.

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