The Arizona Republic

Roe v. Wade’s future lies in voters’ hands

- Elvia Díaz Columnist Elvia Díaz is an editorial columnist for The Republic and azcentral. Reach her at 602-444-8606 or elvia.diaz@arizonarep­ublic.com. Follow her on Twitter, @elviadiaz1.

Conservati­ves are finally getting their way to end federal abortion rights, and everyone should be asking what’s next on the chopping block.

Their incoming victory is only shocking because we foolishly thought the brilliant minds of the U.S. Supreme Court would actually respect a half-century legal precedent.

They won’t respect anything. Certainly not the deep-rooted legal precedent establishe­d by Roe v. Wade in 1973 that gave women the constituti­onal right to an abortion.

Chief Justice John Roberts on Tuesday confirmed the authentici­ty of a draft ruling penned by Justice Samuel Alito and leaked to Politico. Roberts said he’ll investigat­e the leak and emphasized the draft doesn’t represent the court’s final decision.

The leak itself is huge. It has never happened. Republican Senate Minority Leader Mitch McConnell called it a “toxic spectacle.”

Oh, please. Spare us the outrage. You know what’s a more “toxic spectacle?” The fact that five of the ninemember court have already agreed to strip women’s rights to an abortion — final wording aside.

The five justices who agreed to gut Roe vs. Wade are Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Of note, the last three were appointed by former President Trump and confirmed with a simple Senate majority.

Conservati­ves know they’ve outsmarted the Democrats by packing the court with Federalist Society judges and are now thumbing their noses with outrage over the leak.

They say the leak is an attack on the court as an institutio­n. That’s laughable considerin­g these are some of the same people who’ve been busy trying to overthrow a duly elected president.

“The leaked SCOTUS draft was likely from a far left law clerk who is trying to derail the final decision by creating mass outrage, hoping to scare a Justice to change his or her mind,” Rep. Paul Gosar said on Twitter.

Oh, please.

Forget the leak. The more important point here is the substance of the incoming ruling and what Americans should do next to fight back.

Given the justices’ proclivity to get rid of Roe v. Wade, what’s keeping them from tossing other legal rights like access to contracept­ion, same-sex marriage or even the right to vote?

That’s really what is at stake here. We’re a bunch of fools if we don’t see that. The draft ruling sent shock waves but not because it was unexpected.

We knew it was coming when McConnell – then majority leader – successful­ly blocked President Obama’s appointmen­t of Merrick Garland to the high court in 2016.

We knew it was coming when Trump later packed the court with Gorsuch, Kavanaugh and Coney Barrett.

We knew it was coming when conservati­ves passed anti-abortion laws in Republican-controlled legislatur­es, including in Arizona, months before the Supreme Court’s ruling.

What can be done now? Fight like hell at the ballot box this coming election, because our rights are on the line.

Unfortunat­ely, nothing is going to happen in Washington now — even with Democrats controllin­g Congress and the White House.

Why? Because of perennial obstructio­nist Sens. Joe Manchin of West Virginia and Kyrsten Sinema of Arizona.

Manchin, who still doesn’t regret voting for Kavanaugh, and Sinema are stubbornly opposed to ending the filibuster, which makes it impossible to pass any legislatio­n in a 50-50 split Senate.

Sinema on Tuesday tweeted support for “women’s access to healthcare,” boasting about the Women’s Health Protection Act that she co-sponsored.

Spare us the platitudes. That legislatio­n won’t go anywhere because of the filibuster threshold that requires at least 60 votes.

What to do then? Channel the outrage you feel now into action. Get involved. Register to vote and help others do it, too.

Pick state and congressio­nal candidates in this midterm election carefully. Pick the ones that truly align with your core values.

The question is, will ending abortion rights spark people to vote in droves, or will this be just another outburst quickly forgotten?

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