Yves here. Even though we provide links to germane stories on the leaked draft Supreme Court decision in Links today, we thought that there might be sufficient reader interest in the matter to warrant featuring a stand-alone post on it. This Common Dreams piece summaries some of the key points from Judge Alito’s draft, which I confess I have not read but you can here.
We’ve said it before, but it can’t be said too often: NOW and its sister peak feminism organizations should hang their heads in shame for chasing the quixotic Equal Rights Amendment rather than nailing down concrete measures, above all abortion rights, that were a much easier lift.
Note also that this draft ruling questions the 2003 ruling Lawrence v. Texas, which made state anti-sodomy laws illegal. That could be the next target.
By Brett Wilkins. Originally published at Common Dreams
A leaked draft opinion published Monday by Politicostrongly suggests that the U.S. Supreme Court’s right-wing supermajority will soon strike down Roe v. Wade, the landmark 1973 ruling enshrining the constitutional right to abortion.
“This is the most alarming sign yet that our nation’s highest court is poised to overturn Roe v. Wade, ending the constitutional right to abortion as we know it and ripping away our freedom to decide if, when, and how to raise our families,” NARAL Pro-Choice America president Mini Timmaraju said in a statement.
In a joint statement, Senate Majority Leader Chuck Schumer (D-N.Y.) and House Speaker Nancy Pelosi (D-Calif.)—who has supported anti-choice Democrats and in 2017 opined that focusing on reproductive rights helped elect former President Donald Trump—said that “if the report is accurate, the Supreme Court is poised to inflict the greatest restriction of rights in the past 50 years, not just on women but on all Americans.”
“The Republican-appointed justices’ reported votes to overturn Roe v. Wade would go down as an abomination, one of the worst and most damaging decisions in modern history,” they added.
Noting that “the majority of Americans support Roe v. Wade,” progressive Ohio congressional candidate Nina Turner tweeted that “making abortions illegal won’t make them go away. It will only make them more dangerous, more expensive, and lead to the criminalization of poor women and women of color and others who need abortions.”
While abortion is still legal, tonight’s report makes clear that our deepest fears are coming true. We have reached a crisis moment for abortion access. We don’t have a moment to spare — we must act now: https://t.co/8aJHDnobP1
— Planned Parenthood (@PPFA) May 3, 2022
Asserting that “Roe was egregiously wrong from the start,” Alito wrote in the draft opinion—in which he is reportedly joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—that “we hold that Roeand Casey must be overturned,” a reference to the 1992 case Planned Parenthood v. Casey that affirmed the constitutional right to abortion while allowing states to regulate the procedure.
“We can only do our job, which is to interpret the law, apply longstanding principles of stare decisis, and decide this case accordingly,” Alito contended, referring to the legal principle of deference to precedent. Abortion has been a constitutionally enshrined right since 1973—or for a fifth of the nation’s history.
“We therefore hold that the Constitution does not confer a right to abortion,” Alito added, “…and the authority to regulate abortion must be returned to the people and their elected representatives.”
Reproductive rights advocates say that if Roe is struck down, more than 20 states are certain or likely to outlaw abortion, many via so-called “trigger laws.”
What abortion laws would look like if Roe v. Wade were overturned (as of December)
21 states would ban or severely restrict abortion access: Nine have pre-Roe abortion bans that would become enforceable again; 12 have passed post-Roe “trigger laws” https://t.co/YsyuvOzyFO pic.twitter.com/st2u8Hvc54
— claire trần (@clairevtran) May 3, 2022
“While this is a draft opinion and abortion is still legal, we need to brace for a future where more and more people are punished and criminalized for seeking and providing abortion care,” said Timmaraju. “Now more than ever, we must support those working to provide abortion care and elect champions who will relentlessly fight for reproductive freedom and take bold action to safeguard abortion rights.”
Following the draft opinion’s publication, hundreds of reproductive rights advocates staged a demonstration outside the Supreme Court, where barriers had already been erected in anticipation of protests.
Things are growing increasingly tense outside of the Supreme Court tonight. pic.twitter.com/od6OZkkz4o
— Zachary Petrizzo (@ZTPetrizzo) May 3, 2022
The Politico article’s authors, Josh Gerstein and Alexander Ward, noted that “no draft decision in the modern history of the court has been disclosed publicly while a case was still pending.”
Gerstein and Ward said Politico received a copy of the draft from “a person familiar with the court’s proceedings” in Dobbs v. Jackson Women’s Health Organization, a case challenging Mississippi’s 15-week abortion ban that reproductive rights advocates have warned could prove Roe‘s “death knell.”
In addition to Roe, Alito also takes aim at Lawrence v. Texas, the 2003 ruling overturning the state’s sodomy ban, and Obergefell v. Hodges, which legalized same-sex marriage in 2015, sparking fears that this could be but the beginning of a wider rollback of civil rights won in recent decades.
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.
Manchin is blocking Congress codifying Roe. House has seemingly forgotten about Clarence Thomas. These 2 points must change https://t.co/5Isec0osV0
— Alexandria Ocasio-Cortez (@AOC) May 3, 2022
Advocates stressed the imperative for Congress to act immediately to shield reproductive freedom at the federal level—and for people to stand up and fight for their rights.
“If SCOTUS is going to legislate from the bench and turn back the clock 50 years on Roe v. Wade, then the Senate needs to pass my Women’s Health Protection Act,” tweetedSen. Tammy Baldwin (D-Wisc.), referring to legislation that would codify the right to abortion nationwide.
The House of Representatives approved the WHPA last September, but the measure failed to pass in the upper chamber after right-wing West Virginia Democratic Sen. Joe Manchin voted with Republicans to filibuster it.
Sen. Bernie Sanders (I-Vt.) tweeted: “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.”
DEFEND Roe v Wade!
Abortion rights were won in the first place only through defiant mass protests by ordinary women, working people.
Now's the time for socialists, the labor movement, the left to call for immediate mass protests, workplace actions against this egregious attack. pic.twitter.com/jeSXEgqk4l
— Kshama Sawant (@cmkshama) May 3, 2022
Sen. Elizabeth Warren (D-Mass.) asserted that “it’s time for the millions who support the Constitution and abortion rights to stand up and make their voices heard. We’re not going back—not ever.”