San Diego Union-Tribune

ROE OVERTURNED

DECISION ENDS CONSTITUTI­ONAL RIGHT TO ABORTION; STATES ARE FREE TO RESTRICT OR OUTLAW PROCEDURE

- BY DEBORAH SULLIVAN BRENNAN

S.D. LAWMAKERS: Dems push for court reform; Republican­s remain mostly silent

San Diego County lawmakers on Friday called for action to guarantee abortion rights and reform the U.S. Supreme Court, after the court announced its decision to overturn the landmark 1973 abortion-rights ruling Roe v. Wade.

The court decision, hinted at in a leaked draft ruling last month, upends federal protection­s for abortion rights and sends the matter back to states, about half of which have existing or prepared laws ready to restrict or ban abortions.

“I’m furious,” Rep. Sara Jacobs, D-San Diego, said in an interview Friday. “When I first saw the decision, I started shaking with anger. As a young woman, this feels deeply personal that these justices feel they know more about what I should do with my health care than I do. It’s long past time for Congress to act and codify Roe v. Wade into law.”

Her colleague, Rep. Juan Vargas, D-San Diego, said he believed the court has become a partisan body and must be reconfigur­ed.

“One of the sad things about all of this is now we have a Supreme Court that is an appendage of the Republican Party,” Vargas said. “I don’t believe it’s an objective umpire calling balls and strikes. That’s really tragic. I think it’s tragic for the nation. I think it’s tragic for history.”

As Americans took stock of the reversal of the nearly 50-year-old ruling, federal lawmakers were considerin­g their next steps in a divided Congress, while California legislator­s, with a Democratic supermajor­ity, took steps to codify the right to abortion in the California State Constituti­on.

“I am still concerned

about the courts,” said state Sen. Toni Atkins, D-San Diego, whose law proposing a ballot measure on a state constituti­onal amendment guaranteei­ng the right to abortion in California passed the State Senate Monday. “You can’t control future legislator­s. You can’t control future judges. We want to enshrine the right to abortion in the state constituti­on.”

The amendment invokes state constituti­onal rights to privacy and equal protection, stating: “The state shall not deny or interfere with an individual’s reproducti­ve freedom in their most intimate decisions, which includes their fundamenta­l right to choose to have an abortion and their fundamenta­l right to choose or refuse contracept­ives.” It’s expected to pass the Assembly and be signed by Gov. Gavin Newsom before going before voters on the November ballot.

In a separate action, the governors of California, Oregon and Washington on Friday issued a “Multi-State Commitment to Reproducti­ve Freedom” including abortion and contracept­ives, and to prevent other states from imposing their abortion bans on patients or health care providers in California.

Meanwhile, county officials pledged to defend the right to abortion in San Diego County and extend services to women traveling from states where bans are now in effect.

“The good thing is that abortion remains legal in California, and we need to make sure we understand that San Diegans understand we will continue to fight for them,” San Diego County Supervisor Nora Vargas said. “And anyone

can come to San Diego to have an abortion.”

In a split vote last month, the San Diego County Board of Supervisor­s voted to study the availabili­ty of abortion and other reproducti­ve health care in the county and explore ways to expand those services.

“In the meantime, we are partnering with our local health care providers and abortion providers to make sure we have those resources readily available with our community,” Vargas said.

Other officials said they were fearful of a judicial backlash against other rights, citing Justice Clarence Thomas’ concurring opinion urging the court to revisit previous rulings that legalized same-sex marriage, gay relationsh­ips and contracept­ion.

“(The Supreme Court) just made a lot of fundamenta­l health issues for women across this country more difficult with a stroke of a pen,” said Steve Padilla, a Chula Vista council member who is running for state Senate. “I think that this inconsiste­nt and convoluted reasoning will be utilized in arguments and future petitions to try to undo family planning, contracept­ion ... and same sex marriage would be potentiall­y on the chopping block. As an LGBT person, and then ultimately a person of color, that’s greatly concerning to me and offensive.”

Vargas agreed those rights are at risk, and said he worried the court could go further to invalidate other hard-won civil rights.

“Here you have women losing enormous amounts of rights over their own bodies,” he said. “And now you have a justice saying we should take away LGBTQ rights. What’s next? Are they going to say you can’t marry someone outside of your

own race?”

Rep. Vargas said Congress should act to level the playing field of a U.S. Supreme Court disproport­ionately filled with conservati­ve justices.

“I think it’s important for us to take a look at the compositio­n of the court itself,” he said. “The Constituti­on says there should be a Supreme Court, but doesn’t say how many there should be. I think we should look at adding judges or term limits.”

However, Rep. Darrell Issa, R-Bonsall, the sole Republican in San Diego’s delegation, praised the justices for fidelity to the Constituti­on, arguing they correctly declined to make laws, but only interprete­d statutes as written.

“A clear majority of the Justices of the Supreme Court of the United States appropriat­ely upheld its core purpose in our structure of self-governance: To discharge their duties faithfully and impartiall­y under the Constituti­on,” Issa said in a statement Friday. “This is always the right way and the best way for the High Court to function.”

Other local Republican­s were silent on the matter that has been among the most galvanizin­g issues for the GOP in recent years. Staff for state Sen. Brian Jones, R-Santee, said his schedule was booked for the day and he couldn’t comment, while the offices of state Sen. Pat Bates, R-Laguna Niguel, and Assemblyme­mber Marie Waldron, REscondido, did not respond to requests for comment. Twitter accounts for each of those legislator­s focused on gas prices Friday, with no posts about the Supreme Court decision or California’s abortion rights legislatio­n.

Rep. Vargas said he’s hopeful that President Joe

Biden will issue executive orders on abortion access, but said he doubts that a politicall­y polarized Congress could pass legislatio­n guaranteei­ng rights to the procedure. Such a measure would need at least 60 votes in the Senate to overcome a filibuster, and he’s skeptical that many Republican­s would support it.

“In Congress, because of the filibuster, that’s not going to happen,” he said.

Jacobs said she believes passage of federal legislatio­n to guarantee abortion rights is possible, and said the U.S. Supreme Court decision could jump-start the process. Earlier this month, she introduced the “My Body, My Data Act” to prevent companies from selling data about women’s health, such as menstrual tracker app entries or Google searches of abortion providers, which could be used against women in states where abortion is illegal.

Moreover, she noted that the House already passed the “Women’s Health Protection Act,” which would prohibit government­al restrictio­ns on abortion services. Jacobs said she’s hopeful that Democratic senators will unite to abolish the filibuster, which would permit the Senate to vote on a federal law guaranteei­ng abortion rights. The Supreme Court decision could be the catalyst needed to push some abortion rights supporters out of complacenc­y, she said.

“For many people the overturnin­g of Roe v. Wade was a hypothetic­al that would never happen, and now that it’s here I think it will change some people’s minds,” Jacobs said.

 ?? DOUG MILLS A8. NYT ?? Abortion-rights supporters protest outside the Supreme Court on Friday after it overruled Roe v. Wade, eliminatin­g the constituti­onal right to abortion. Protests also occurred in San Diego. Story,
DOUG MILLS A8. NYT Abortion-rights supporters protest outside the Supreme Court on Friday after it overruled Roe v. Wade, eliminatin­g the constituti­onal right to abortion. Protests also occurred in San Diego. Story,

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