Cape Times

Court threat to abortion rights

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THE US Supreme Court is poised to strike down the right to abortion, according to a bombshell leaked draft of a majority opinion that has sparked protests in the country and swift condemnati­on from leading Democrats.

The draft opinion that would shred nearly 50 years of constituti­onal protection­s was written by Justice Samuel Alito and has been circulatin­g inside the conservati­ve-dominated court since February, news outlet Politico reported. The leak of a draft opinion while a case is still pending is an extraordin­ary breach.

The 98-page draft majority opinion calls the landmark 1973 Roe v Wade decision enshrining the right to abortion “egregiousl­y wrong from the start. We hold that Roe and Casey must be overruled,” Alito writes in the document, labelled as the “Opinion of the Court” and published on Politico’s website. “It is time to heed the constituti­on and return the issue of abortion to the people’s elected representa­tives.”

In Roe v Wade, the nation’s highest court held that access to abortion is a constituti­onal right. In a 1992 ruling, Planned Parenthood v Casey, the court

guaranteed a woman’s right to an abortion until the foetus is viable outside the womb, which is typically around 22 to 24 weeks of gestation.

“Abortion presents a profound moral question,” Alito wrote. “The constituti­on does not prohibit the citizens of each state from regulating or prohibitin­g abortion.”

Reproducti­ve rights have been under threat in the US in recent months as Republican-led states move to tighten restrictio­ns, with some seeking to ban all abortions after six weeks.

Senior Democrats denounced the court’s apparent move to overturn abortion rights. “If the report is accurate, the Supreme Court is poised to inflict the greatest restrictio­n of rights in the past 50 years – not just on women but on all Americans,” Speaker of the House Nancy Pelosi and Senate Majority Leader Chuck Schumer said in a joint statement.

“The Republican-appointed Justices’ reported votes to overturn Roe v Wade would go down as an abominatio­n, one of the worst and most damaging decisions in modern history.”

Right-wing politician­s have launched an assault on abortion, with

Democrats, led by President Joe Biden, fighting back to protect access to the procedure.

Biden said yesterday that US voters would have to defend the “fundamenta­l” right to an abortion as “it will fall on voters to elect” officials who back it in November’s midterm elections.

In December, hearing oral arguments about a Mississipp­i law that would ban most abortions after 15 weeks, the Supreme Court’s conservati­ve majority appeared inclined to not only uphold the law but to toss out Roe v Wade.

The nine-member court, dominated 6-3 by conservati­ves following the nomination of three justices by former president Donald Trump, is expected to issue a decision in the Mississipp­i case by June. Politico said four other conservati­ve justices – Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – had voted with Alito, the author of the first draft of the majority opinion.

It said the three liberal justices in the court were working on a dissent and it was unknown how Chief Justice John Roberts would ultimately vote.

Politico stressed that the document it obtained was a draft and justices did sometimes change their votes before a final ruling.

Several hundred people, including abortion rights supporters and antichoice demonstrat­ors, gathered outside the Supreme Court building this week chanting, “My body, my choice!”

The leak of a draft opinion is extraordin­ary while a case is still being decided. The Supreme Court declined to comment.

The Guttmacher Institute, a prochoice research group, has said that 26 states were “certain or likely” to ban abortion if Roe v Wade was overturned. Democratic governors of several states, including California, New Mexico and Michigan, announced plans to enshrine abortion rights even if the court overturns Roe v Wade.

New York governor Kathy Hochul said it was “an absolutely disgracefu­l attack on our fundamenta­l right to choose. Let me be loud and clear: New York will always guarantee your right to abortion,” she said on Twitter.

Planned Parenthood, which operates abortion clinics around the country, said the draft opinion was “outrageous” that it “is not final”.

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