Reactions Divided Along Partisan Lines Following Reports That Supreme Court Is Set To Overturn Roe V. Wade

Topline

Democratic leaders and pro-abortion rights activists called for legislative action to protect the right to abortion services while Republican leaders and anti-abortion activists cheered after Politico on Monday published a leaked draft opinion which revealed that members of the Supreme Court have agreed to overturn the 1973 Roe v. Wade decision.

Key Facts

The reports prompted an immediate reaction from Democratic leaders with Sen. Bernie Sanders calling on his colleagues to end the filibuster and “pass legislation that codifies” Roe v. Wade into law.

Rep. Alexandria Ocasio-Cortez (D-N.Y.) tweeted that the conservative-leaning Supreme Court was not just coming for abortion but also “the right to privacy Roe rests on” which would also impact gay marriage and civil rights.

Rep. Marjorie Taylor Greene (R-Ga.) hailed the draft opinion on Twitter as “the most significant and glorious news of our lifetime.”

California’s Democratic Governor Gavin Newsom called the leaked draft opinion “an appalling attack on the rights of women across this country” and announced that he will work with legislators in his state “to enshrine the right to choose in our state constitution.”

South Dakota Governor Kristi Noem said on Twitter that if the report was true she would call for a special session “to save lives and guarantee that every unborn child has a right to life in South Dakota.”

The American Civil Liberties Union said that if the leaked opinion is true it would “deprive half the nation of a fundamental, constitutional right” adding that it would breach constitutional freedoms that the Supreme Court is charged with upholding.

Crucial Quote

Reacting to the report, independent outlet SCOTUSblog tweeted that the leaked draft opinion was “almost certainly” authentic and reflected that Justice Samuel Alito believes at least five members of the Court have voted to overrule Roe. “But as Alito’s draft, it does not reflect the comments or reactions of other Justices.” In a separate tweet it added that the Politico report does not say if the five Justices will join Alito’s opinion even if they vote to overturn Roe.

Key Background

The leaked draft opinion which Politico says was obtained from an unnamed source is signed by onservative Justice Samuel Alito and stamped with a message indicating it was distributed to other judges on February 10. The opinion calls Roe “egregiously wrong” and says both the 1973 ruling and Planned Parenthood v. Casey—a separate 1992 case that altered Roe but upheld abortion rights—“must be overruled.” The opinion argues that the U.S. Constitution does not guarantee a right to abortion access and individuals states must be left to decide on their own.

Further Reading

Supreme Court Reportedly Plans To Overturn Roe V. Wade, According To Leaked Draft Opinion (Forbes)