Local leaders react to possible Roe v. Wade overturning
Area legislators, organization leaders voice concern about access to abortion
Area legislators and organizers fall along party lines in response to a draft opinion that suggests the U.S. Supreme Court could be poised to overturn the landmark 1973 Roe v. Wade case that legalized abortion nationwide.
“Roe was egregiously wrong from the start,” the draft states. It was signed by Justice Samuel Alito, a member of the court’s 6-3 conservative majority who was appointed by former President George W. Bush.
The document, dated in February, was labeled a “1st Draft” of the “Opinion of the Court” in a case challenging Mississippi’s ban on abortion after 15 weeks, a case known as Dobbs v. Jackson Women’s Health Organization.
“We hold that Roe and Casey must be overruled,” it states, referencing the 1992 case Planned Parenthood v. Casey that affirmed Roe’s finding of a constitutional right to abortion services but allowed states to place some constraints on the practice. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
The draft in effect states there is no constitutional right to abortion services and would allow individual states to more heavily regulate or outright ban the procedure. The court is expected to rule on the case before its term ends in late June or early July.
Alito, in the draft, said the court can’t predict how the public might react and shouldn’t try. “We cannot allow our decisions to be affected by any extraneous influences such as concern about the public’s reaction to our work,” Alito wrote.
U.S. Rep. Frank Mrvan, D-Highland, said in a statement that if the draft becomes final “it would demonstrate the very real consequences of our elections.”
“I am a staunch supporter of women’s rights, and that includes
the rights to access medical treatment, to have autonomy over their own bodies, and the ability to make their own life decisions,” Mrvan said.
Julie Storbeck, president of Indiana National Organization for Women and president of the
Northwest Indiana NOW chapter, stressed that the decision is not final, but it proves what women’s
organizations have been warning about since the court became more conservative.
“It makes it abundantly clear what we and others like us have been saying all along, that this court, which is not legitimate, is coming after everything,” Storbeck said.
If the court is successful at overturning Roe v. Wade, it will likely go after same sex-marriage, transgender rights, interracial marriage and birth control, Storbeck said.
Poor and minority women will be impacted the most if Roe v. Wade is overturned because it will
be difficult for them to travel to a state where abortion is legal, Storbeck said.
“This is not going to end abortions. This is only going to end safe abortions. People are going to die. They will do whatever they have to do to end a pregnancy,” Storbeck said. “We’re not going to take this lightly. We’re not going to sit back and let this happen.”
To protect Roe v. Wade, Congress has to pass the Women’s Health Protection Act, which would strengthen Roe v. Wade by putting its elements into federal law, Storbeck said.
Most recently, the House passed the act, but the Senate hasn’t taken action.
The Roman Catholic Diocese of Gary was encouraged by the draft.
“We anticipate the decision with great hope,” according to a statement from the diocese. “No matter the actual decision, the Catholic Church will continue to work towards building a culture that values life from womb to tomb, and endeavor to care for the most vulnerable, including mothers, fathers and children.”
Lake County Republican Party Chairman Dan Dernulc said he is anti-abortion and that he’s disappointed the Supreme Court decision was leaked.
“The leak is an abomination of our system of government. The person or people who did this should be held accountable,” Dernulc said.
Dernulc, who is running for the state Senate District 1 seat in the fall, said if Roe v. Wade is overturned the issue of abortion will be determined at the state level. Dernulc said he wasn’t sure how Indiana would respond.
When asked how overturning the law will impact poor or marginalized women, Dernulc said “that needs to be deliberated.”
Rep. Julie Olthoff, R-Crown Point, said she is “not jumping to conclusions because (she’s) not sure if that’s their decision.” But, she said she is hopeful the decision will become final because “life starts at conception.”
If the law is overturned, the state will have to act, Olthoff said, and the legislature has asked Gov. Eric Holcomb to call a special session so that “Indiana will put restrictions on abortion.”
Olthoff said she has “a lot of empathy” for victims of incest or rape that become pregnant. Olthoff said she doesn’t believe women would have to take a day off work to travel to get an abortion, but she believes that pro-abortion rights groups will likely start fundraising to support women who need an abortion.
“It’s too soon to say. We don’t know all the answers with what’s happening with funding (of abortion care),” Olthoff said. “Indiana and this region has much support for women who have their baby.”
State Rep. Ragen Hatcher, D-Gary, said she was disappointed when she learned about the leaked draft “not just as a Democrat but as a woman.”
If the court rules to overturn the law, Hatcher said Northwest Indiana residents will have to travel to Illinois for an abortion, which is unfair.
Hatcher said she anticipates that the legislature will be called in for a special session to address abortion legislation. The Democrats will need “a lot of support from citizens” to fight restrictive legislation, Hatcher said, and they will work to amend bad bills.
“We do our best to put the facts out, to show why we would be against it,” Hatcher said.
House Leader Phil GiaQuinta, D-Fort Wayne, said in a statement he is “deeply troubled” by the draft. If the decision becomes final, lawmakers and advocates will have to “fight to maintain a woman’s right to choose.”
“House Democrats will remain vigilant as we await a final decision from the court as Republicans urge the Governor for a special session. We cannot go backward, especially as a state with some of the most abysmal maternal and infant health outcomes,” he said.
Deb Chubb, a Democratic candidate in the state Senate District 4 race, said the draft “means we will be fighting for reproduction rights at the state house.”
Poorer women will be most impacted by the rule being overturned, Chubb said, and they will “be forced to carry unwanted pregnancies” and become more poor and rely more on government aid.
“The cascading effect of this decision on women is going to be devastating,” Chubb said.