Late on Monday, hundreds of protesters gathered outside the United States (US) Supreme Court (SC) after Politico released a leaked draft majority opinion written by Justice Samuel Alito that suggests that the Court plans to effectively overturn the right to abortion established in 1973 via the landmark Roe v. Wade ruling.
Things are growing increasingly tense outside of the Supreme Court tonight. pic.twitter.com/od6OZkkz4o
— Zachary Petrizzo (@ZTPetrizzo) May 3, 2022
Abortion is legal in Pennsylvania under state law. It will remain legal, no matter what SCOTUS rules.
— Josh Shapiro (@JoshShapiroPA) May 3, 2022
The only way women lose their rights in PA is if our Republican Legislature passes an abortion ban and a Governor signs it.
I'm going to fight like hell, and veto that bill.
The leaked document also drew fire from Democratic leaders, with House Speaker Nancy Pelosi and Senate Majority leader Chuck Schumer releasing a joint statement saying that the decision represents the “greatest restriction of rights in the past fifty years,” and targets all Americans, not just women. They declared that the ruling would be one of the “worst and most damaging decisions in modern history.”
Furthermore, Senator Bernie Sanders and Representative Alexandria Ocasio-Cortez called on the US Congress to expeditiously codify the right to abortion.
As we’ve warned, SCOTUS isn’t just coming for abortion - they’re coming for the right to privacy Roe rests on, which includes gay marriage + civil rights.
— Alexandria Ocasio-Cortez (@AOC) May 3, 2022
Manchin is blocking Congress codifying Roe. House has seemingly forgotten about Clarence Thomas. These 2 points must change https://t.co/5Isec0osV0
Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW. And if there aren’t 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.
— Bernie Sanders (@SenSanders) May 3, 2022
Along the same lines, Representative Tim Ryan declared, “Control of the Senate has never been more important: it’s time to end the filibuster, pass the Women’s Health Protection Act, and fight like hell to make sure all Ohio families are free to make these critical decisions without interference from politicians in Columbus or Washington.”
The Women’s Health Protection Act on establishing abortion rights continues to be held up in the Senate, in which there are 48 Democrats (along with two independent Senators) and 50 Republicans. Though the law requires 60 votes to be passed, it will need bipartisan support due to a few Democratic Senators refraining from supporting the legislation.
While several Republican leaders celebrated the draft opinion, they raised concern about the SC’s reputation being damaged due to the leak. Senator Rick Scott criticised the breach, blaming it on “radical Democrats” who are working to “intimidate and undermine the court.” The Federal Bureau of Investigation (FBI) is expected to launch an investigation to determine the source of the leak because of these speculations.
If this is ultimately the opinion of the court, Donald Trump’s legacy will be securing a conservative Supreme Court majority resulting in the protection of millions of unborn children. God bless Donald Trump and the innocent lives he saved.https://t.co/qU0tylBHaB
— Dr. Rich McCormick for Congress (@RichforGA) May 3, 2022
Though the 98-page leaked document appears to have been written by Justice Samuel Alito on February 21, the names of the judges that support the opinion were not mentioned. However, according to sources cited by Politico, four other conservative judges—Justice Clarence Thomas, Justice Neil Gorsuch, Justice Brett Kavanaugh and Justice Amy Coney Barrett—voted in favour of Alito’s decision. Meanwhile, the source said that the three liberal appointments—Justice Stephen Breyer, Justice Sonia Sotomayor, and Justice Elena Kagan—will be delivering one or more dissents.
The SC judgement is a ruling on the Dobbs vs. Jackson Women’s Health Organization case, which was brought in to check the validity of a Mississippi law that bans abortions after 15 weeks. After hearing the arguments, the law was upheld in December, thus challenging existing laws on the right to abortion.
Once made public, the decision overturned the landmark 1973 Roe v. Wade judgement, which the SC passed with a 7-2 majority after five conservative judges supported the bid of two democratic appointees to uphold the right to abortion.
A massive protest is forming in front of the Supreme Court in support of protecting women’s bodily autonomy. I’m proud our staff members are part. pic.twitter.com/I6MyzhoYex
— Bill Pascrell, Jr. 🇺🇸🇺🇦 (@BillPascrell) May 3, 2022
The Supreme Court is preparing to overturn Roe—the most significant and glorious news of our lifetime. Join me in praying to God for the right outcome.
— Rep. Marjorie Taylor Greene (@RepMTG) May 3, 2022
Life begins at conception. Let’s protect it. pic.twitter.com/SNdb6WUBXO
It would also overturn the 1992 Planned Parenthood v. Casey case, which reaffirmed the right to abortion and clarified that states were barred from banning abortions before foetal viability, which generally occurs between 22 and 24 weeks into pregnancy. The Court ruled that the states could not impose an “undue burden” on abortion rights or introduce any “substantial obstacle in the path of a woman seeking an abortion before the foetus attains viability.”
In this respect, Justice Alito said that the Roe v. Wade decision was “egregiously wrong from the start.” He ruled that the Constitution does not prohibit states from “regulating or prohibiting abortion.” To this end, Alito stated that the Roland Casey case erred in “arrogating that authority.”
Criticising Justice Harry Blackmun, the Democratic Justice who wrote the Roe v. Wade judgement, Alito said, “[The judgment’s] message seemed to be that the abortion right could be found somewhere in the Constitution and specifying its exact location was not of paramount importance.”
“It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives,” he declared. The conservative justice emphasised that the power to ban or allow abortions must be made through the will of the people, which reflected through each state’s elected representatives. To justify this, he claimed, “Women are not without electoral or political power… The percentage of women who register to vote and cast ballots is consistently higher than the percentage of men who do so.”
Thank you, Connecticut — but this shouldn’t even be necessary.
— Pramila Jayapal (@PramilaJayapal) May 2, 2022
It’s on us in Congress to act now and guarantee abortion rights to everyone, everywhere. https://t.co/TriQ5IAJ0n
“Abortion is healthcare!” chants the rapidly growing crowd of activists outside the U.S. Supreme Court building.pic.twitter.com/oL8S0CheZ0
— John Nichols (@NicholsUprising) May 3, 2022
Furthermore, Alito mentioned that the reasoning in Roe v. Wade that distinguished between foetuses that could live outside the womb and those that could not “makes no sense” and were “exceptionally weak.” He also accused the judgement of instigating the “debate and [deepening] division on the abortion issues.”
However, he clarified that the decision would not impact cases like Obergefell v. Hodges, which established the right to same-sex marriages. The leaked judgement revealed that what “sharply distinguishes” Roe v. Wade was the fact that “abortion destroys potential life.”
The SC has a majority of conservative justices who have historically supported restrictions on abortions. With former President Donald Trump’s decision to appoint Gorsuch, Kavanaugh, and Coney Barrett, the majority has been widened to 6-3. In fact, during the election campaign in 2016, Trump had vowed to bring in conservative justices who would “automatically” overturn Roe vs. Wade.
Around 200 people at an impromptu protest in front of the Supreme Court tonight #roevwade pic.twitter.com/AKgzbExVA8
— Moira Warburton (@moirawarburton) May 3, 2022
If the SC passes the draft opinion, it could set the stage for several states to crack down on abortion rights. According to Guttmacher Institute, an organisation that has long supported abortion rights, the decision could lead to a ban on abortions in around 26 southern and midwestern states.
In fact, the apex court’s decision comes amid a series of instances challenging abortion rights in the US. As of April 2022, 42 states cumulatively account for over 536 abortion restrictions.
Oklahoma and Florida introduced new restrictions on abortion rights just last month. In Oklahoma, Republican Governor Kevin Stitt introduced a law that bans abortion in all situations except medical emergencies. The law also imposes a penalty of up to $100,000 and ten years in prison for those who perform abortions. However, it does not penalise women who underwent the procedure.
Right now, reproductive rights are under attack in states across our nation. The Oklahoma legislature advanced a shameful bill that would prohibit almost all abortions if put into effect. If signed, this bill will only prevent women from getting the health care they need.
— Vice President Kamala Harris (@VP) April 6, 2022
Not surprising. But still outrageous.
— Hillary Clinton (@HillaryClinton) May 3, 2022
This decision is a direct assault on the dignity, rights, & lives of women, not to mention decades of settled law. It will kill and subjugate women even as a vast majority of Americans think abortion should be legal. What an utter disgrace. https://t.co/TNo1IX3Tl4
Likewise, Florida’s governor, Ron DeSantis, passed a bill to ban abortions after 15 weeks. He remarked, “Life is a sacred gift worthy of our protection, and I am proud to sign this great piece of legislation which represents the most significant protections for life in the state’s modern history.” Concerningly, the law does not make any exceptions for instances of pregnancies because of rape or human trafficking. Furthermore, abortions continue to be prohibited even if there is a serious threat to the mother’s life.
These legal changes do not appear to be in consonance with the American citizens’ views on the matter. According to a CBS survey conducted in November, merely 14% of Americans want their states to ban abortions while over six out of ten people want it to remain legal in all or most cases.
Abortions aren’t only for unwanted pregnancies. I had 3 for wanted pregnancies. They don’t care if Black mothers live or die. Black mothers are 4X more likely to die from complications of pregnancy and childbirth. So I didn’t need this BS today to know what you think about us.
— ⭐️ with a Y ⭐️ (@wyntermitchell) May 3, 2022
Furthermore, rights organisations like Planned Parenthood warned that the laws would increase the burden on already marginalised individuals, such as the Black and Latino communities, who would now be forced to travel to other states to get abortions.
Amid these rising challenges to abortion rights, three pro-rights advocacy groups—Planned Parenthood, NARAL Pro-Choice America, and Emily’s List— decided to make a “joint investment” of $150 million during the 2022 mid-term elections to “raise voters’ awareness of the lawmakers who are to blame” on the deteriorating right to abortion.