On May 2, 2022 POLITICO published a leaked draft of a Supreme Court Decision which would overturn Roe v. Wade and Planned Parenthood v. Casey. Justice Alito wrote "The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation's history and traditions." Ciara Torres-Spelliscy, law professor at Stetson University, said of Alito's leaked opinion: "After this [opinion], Loving, Windsor, and Obergefell are all on constitutionally thin ice." Loving v. Virginia is a landmark 1967 SCOTUS case which found that laws banning inter-racial marriage were unconstitutional.

Michelle Deal-Zimmerman, writing for the Baltimore Sun in May 2022, wrote "If, OK, when the U.S. Supreme Court gets around to banning interracial marriage, my husband and I wonder what will happen. [...] I don’t wish to sound alarmist, but a lot of things we have taken for granted during the last half-century appear to be crumbling before our eyes."

David Bernstein, Law Professor writing for reason.com said in May 2022, "No, the Supreme Court is Not Going to Reconsider the Constitutionality of Bans on Interracial Marriage [...] overruling Loving would be politically unthinkable."