- The Supreme Court called the leaked draft authentic but preliminary
- Chief Justice Roberts called the leak a betrayal and launched an investigation
- Senate Democrats plan to vote on the abortion rights bill
WASHINGTON, May 3 (Reuters) – President Joe Biden on Tuesday criticized a “radical” draft U.S. Supreme Court ruling that would overturn the remarkable 1973 Rowe v. Wade ruling that legalized abortion across the country, a bomb that was condemned by Democrats and even stunned by some moderate Republicans.
The court confirmed that the text, published late Monday by Politico, was authentic, but said it was not the final decision of the judges, which should be written by the end of June. Chief Justice John Roberts has announced an investigation into the expiration of the project, authored by conservative Judge Samuel Alito, calling it a “betrayal” of the confidentiality of the trial. Read more
“This was the only gross breach of trust, which is an insult to the court and the community of civil servants working here,” Roberts said, promising that the disclosure would not undermine the integrity of the court’s work.
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Twenty-one states have laws or constitutional amendments that show a tendency to ban abortions as soon as possible if Rowe v. Wade is overturned or significantly weakened by the Supreme Court.
Biden and other Democrats have tried to respond to the news that half a century of access to abortion for American women may be over, a costly goal for many Republicans and religious conservatives. Biden vowed to work to get Congress to pass legislation codifying Rowe’s decision, and called on voters to support the November 8 congressional candidates who support abortion rights.
Senate Majority Leader Chuck Schumer said the chamber would vote on such legislation next week, although a Democrat-backed bill had already failed this year. Against the backdrop of the Republican opposition, the razor-thin Democratic majority was not enough to overcome Senate rules requiring a super-majority to pass most legislation.
“This is a fundamental change in American jurisprudence,” Biden said of Alito’s project, saying such a decision would call into question other rights, including same-sex marriage, which the court recognized in 2015.
“This is becoming law, and if what is written is what remains, it far outweighs the concern about whether or not he has a choice,” Biden added, citing abortion rights.
Roe’s ruling recognizes that the right to privacy under the US Constitution protects a woman’s ability to terminate a pregnancy.
Even if the new Senate vote fails, Democrats could use it to increase their chances in the midterm elections, in which Republicans hope to regain control of Congress. Democrats believe the vote could support support for incumbent Democrat senators, including Mark Kelly in Arizona and Rafael Warnock in Georgia, and could help against incumbent Republicans, including Sen. Ron Johnson of Wisconsin.
U.S. Senators Lisa Markowski and Susan Collins, moderate Republicans who support abortion rights, have expressed embarrassment over Alito’s project.
“If it goes in the direction shown by this expired copy, I would just tell you that it shakes my confidence in the court at the moment,” Murkowski said, adding that he supports legislation codifying abortion rights.
California Gov. Gavin Newsham, the governor of the Democratic Party of California, said the most populous U.S. state would seek an amendment to its constitution to “strengthen the right to vote.”
Pro-abortion and anti-abortion protesters are protesting in front of the US Supreme Court following a draft majority opinion written by Judge Samuel Alito, urging the majority to overturn Rowe’s remarkable abortion decision against Wade later this year in Washington, DC. , May 3, 2022. REUTERS / Evelyn Hockstein
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“Do something, Democrats,” abortion protesters chanted as they gathered in court against a ruling that would be a triumph for Republicans who have spent decades building the current 6-3 Conservative majority in court.
The person who drained the draft has not been identified.
Senate Republican leader Mitch McConnell condemned the leak as an “illegal act” that should be “investigated and punished as fully as possible,” saying the Justice Department should file criminal charges if applicable. McConnell called the leak part of a “radical left” campaign, but offered no evidence.
If Roe is repealed and federal legislation is not passed, the abortion law will be considered by the states. Abortion is likely to remain legal in liberal states, even if conservative states would be free to ban it.
In the absence of federal action, states have passed a number of abortion laws. Republican-led states have moved quickly, with new restrictions passed in at least six states this year. At least three Democrat-led countries have taken steps to protect abortion rights this year. Read more
Abortion has been a divisive issue in American politics for decades. A 2021 Pew Research Center study found that 59 percent of adults in the United States believe abortion should be legal in all or most cases, while 39 percent believe it should be illegal in most or all cases.
Susan B. Anthony List’s anti-abortion group welcomed the news.
“If Rowe is indeed repealed, our job will be to build a consensus on the strongest possible protection for unborn children and women in every legislature,” said its president, Margery Dannenfelser.
Abortion provider Planned Parenthood said he was appalled by the draft decision, but said clinics remained open for now.
“Although we’ve seen the murals on the wall for decades, it’s no less devastating,” said Alexis McGill Johnson, the group’s president.
The case includes a Republican-backed Mississippi ban on abortion starting at 15 weeks’ gestation, a law blocked by lower courts.
“Rowe has been extremely wrong from the beginning,” Alito wrote in the draft opinion.
Roe allowed abortions to be performed before the fetus became viable outside the womb, between 24 and 28 weeks of pregnancy. Based on Alito’s opinion, the court will find that Rowe made the wrong decision, as the Constitution does not specifically mention abortion rights.
“Abortion is a deep moral issue. “The constitution does not prohibit citizens of any state from regulating or banning abortion.”
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Report by Lawrence Hurley, Gabriella Bortter, Steve Holland and Moira Warburton, written by Ian Wolf; Edited by Will Dunham, Scott Malone, Michael Perry and Chizu Nomiyama
Our standards: Thomson Reuters’ principles of trust.
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