By Lawrence Hurley, Andrew Chung and Jan Wolfe
WASHINGTON (Reuters) -President Joe Biden on Tuesday criticized as “radical” a draft U.S. Supreme Court decision that would overturn the landmark 1973 Roe v. Wade decision that legalized abortion nationwide, a bombshell that was denounced by Democrats and stunned even some moderate Republicans.
The court confirmed that the text, published late on Monday by the news outlet Politico, was authentic but said it did not represent the final decision of the justices, due by the end of June. Chief Justice John Roberts announced an investigation into how the draft – authored by conservative Justice Samuel Alito – was leaked, calling it a “betrayal” of the confidentiality of the judicial process.
“This was a singular and egregious breach of that trust that is an affront to the court and the community of public servants who work here,” Roberts said, pledging that the disclosure will not undermine the integrity of the court’s operations.
Biden and other Democrats scrambled to respond to the news that a half-century of abortion access for American women could end – a cherished goal of many Republicans and religious conservatives. Biden vowed to work toward getting Congress to pass legislation codifying the Roe ruling and urged voters to back candidates in the Nov. 8 congressional elections who support abortion rights.
Senate Majority Leader Chuck Schumer said the chamber will vote next week on such legislation even though a similar Democratic-backed bill already failed this year. Amid Republican opposition, the razor-thin Democratic majority was insufficient to overcome Senate rules requiring a supermajority to advance most legislation.
“It’s a fundamental shift in American jurisprudence,” Biden said of Alito’s draft, arguing that such a decision would call into question other rights including same-sex marriage, which the court recognized in 2015.
“It becomes the law, and if what is written is what remains, it goes far beyond the concern of whether or not there is the right to choose,” Biden added, referring to abortion rights.
The Roe decision recognized that the right to personal privacy under the U.S. Constitution protects a woman’s ability to terminate her pregnancy.
Even if the new Senate vote fails, Democrats could use it to bolster their chances in the midterm elections in which Republicans are hoping to regain control of Congress. Democrats believe the vote could shore up support for incumbent Democratic senators including Mark Kelly in Arizona and Raphael Warnock in Georgia, and could help against incumbent Republicans including Senator Ron Johnson of Wisconsin.
‘ROCKS MY CONFIDENCE’
U.S. Senators Lisa Murkowski and Susan Collins, moderate Republicans supportive of abortion rights, voiced dismay at Alito’s draft.
“If it goes in the direction that this leaked copy has indicated, I would just tell you that it rocks my confidence in the court right now,” Murkowski said, adding she supports legislation codifying abortion rights.
Democratic California Governor Gavin Newsom said the most populous U.S. state will pursue an amendment to its constitution to “enshrine the right to choose.”
“Do something, Democrats,” abortion rights protesters chanted as they rallied outside the court against a decision that would be a triumph for Republicans who spent decades building the court’s current 6-3 conservative majority.
The person who leaked the draft was not been identified.
Senate Republican Leader Mitch McConnell condemned the leak as a “lawless action” that should be “investigated and punished as fully as possible,” saying the Justice Department must pursue criminal charges if applicable. McConnell called the leak part of a campaign by the “radical left,” but offered no evidence.
STATE LAWS
If Roe is overturned and no federal legislation is passed, abortion law would handled by the states. Abortion likely would remain legal in liberal-leaning states even as conservative states would be free to ban it.
In the absence of federal action, states have passed a raft of abortion-related laws. Republican-led states have moved swiftly, with new restrictions passed this year in at least six states. At least three Democratic-led states this year have passed measures to protect abortion rights.
Abortion has been a divisive issue in American politics for decades. A 2021 Pew Research Center poll found that 59% of U.S. adults believed abortion should be legal in all or most cases, while 39% thought it should be illegal in most or all cases.
The Susan B. Anthony List anti-abortion group welcomed the news.
“If Roe is indeed overturned, our job will be to build consensus for the strongest protections possible for unborn children and women in every legislature,” said its president, Marjorie Dannenfelser.
Abortion provider Planned Parenthood said it was horrified by the draft ruling but said clinics remain open for now.
“While we have seen the writing on the wall for decades, it is no less devastating,” said Alexis McGill Johnson, the group’s president.
The case at issue involves a Republican-backed Mississippi ban on abortion starting at 15 weeks of pregnancy, a law blocked by lower courts.
“Roe was egregiously wrong from the start,” Alito wrote in the draft opinion https://www.politico.com/f/?id=00000180-874f-dd36-a38c-c74f98520000.
Roe allowed abortions to be performed before a fetus would be viable outside the womb, between 24 and 28 weeks of pregnancy. Based on Alito’s opinion, the court would find that Roe was wrongly decided because the Constitution makes no specific mention of abortion rights.
“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion,” Alito wrote.
(Reporting by Lawrence Hurley, Gabriella Borter, Steve Holland, and Moira Warburton, writing by Jan Wolfe; Editing by Will Dunham, Scott Malone, Michael Perry and Chizu Nomiyama)
