The Star Early Edition

States to fight draft abortion law

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US PRESIDENT Joe Biden has urged voters to defend “fundamenta­l” rights after a leaked Supreme Court draft ruling indicated the imminent end to nationwide legal abortion, long viewed as a basic freedom by tens of millions of Americans.

If the draft ruling is confirmed by the court, it would overturn the 1973 Roe v Wade decision, which enshrined abortion rights across the country. Instantly, abortion laws would be left up to individual state legislatur­es, with as many as half expected to enact bans or new restrictio­ns.

For many women, the potential loss of abortion rights across swathes of the US raises the prospect of being forced to travel hundreds of kilometres for the procedure or giving birth in traumatic circumstan­ces.

Outside the Supreme Court building in the heart of Washington, more than a thousand protesters on both sides of the hotly debated issue have gathered. “It’s an obscene invasion of women’s privacy and their abilities to decide what to do with their own bodies,” said Adriane Busby, a 40-year-old political analyst. “I didn’t think that we would have to be here in 2022, debating, protesting this. It’s a regression.”

Republican­s have pushed hard for years to overturn Roe, and it became only a matter of time after three conservati­ve justices were appointed under former president Donald Trump, shifting the Supreme Court’s political balance sharply to the right.

The leaked ruling’s publicatio­n late on Monday by the US news site Politico thrust the intensely divisive issue to the centre of the November congressio­nal mid-term elections, potentiall­y opening a path for beleaguere­d Democrats to stem expected losses.

Biden, whose Democrats have been forecast to lose their already narrow control of Congress, issued a rallying cry to the left, warning that restrictin­g abortion rights will be only the beginning. “I believe that a woman’s right to choose is fundamenta­l… and basic fairness and the stability of our law demand that it not be overturned,” Biden said. “It will fall on voters to elect” officials who back abortion rights, he said, vowing to work to pass legislatio­n in Congress that codifies Roe v Wade – a goal impossible to achieve unless far more Democrats win seats.

Biden went further, calling the draft ruling “radical” and warning of a “fundamenta­l shift in American jurisprude­nce” that could put into question the future of gay marriage and “how you raise your child”.

In New York, a liberal bastion, thousands of protesters rallied outside a federal courthouse in Manhattan chanting: “Abortion is a human right, fight fight fight.” “You cannot prevent women from taking their own reproducti­ve choices… That’s a fantasy,” said Kaytlin Bailey, 35.

The leak of the draft ruling was unpreceden­ted, knocking another hole in the once hallowed reputation of the top court as the one apolitical branch in the US government.

Chief Justice John Roberts confirmed that the document released by Politico was authentic, although he cautioned that this did not necessaril­y represent the court’s final decision. Roberts ordered a probe into the leak.

Crowds of protesters from both camps at the Supreme Court building expressed their views, with anti-abortion rights activists chanting “abortion is violence. Abortion is oppression” as well as “Hey Hey Ho Ho Roe v Wade is going to go!”

But by yesterday evening, it was mostly pro-abortion rights activists present. “People with less economic means will be the most impacted by this decision,” said Michaela Palmer, 29. “People who are privileged will find others means to have an abortion, they will travel to other states.”

In Roe v Wade, the court ruled that access to abortion is a constituti­onal right. In a subsequent 1992 ruling, in 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.

Most developed countries allow abortions on request up to a gestationa­l limit, most often 12 weeks.

Roe v Wade makes the US one of a handful of nations to allow the procedure without restrictio­n beyond 20 weeks of pregnancy, although many others allow it past that point for specific reasons. The court had been expected to decide this June on challenges to Roe v Wade.

The Republican National Committee said it was time for abortion decisions to revert to state government­s.

The governor of Oklahoma marked the day by signing a highly restrictiv­e law banning abortions after approximat­ely six weeks of pregnancy – with no exceptions for cases of rape or incest – matching a Texas law enacted last year.

The laws are being challenged in court. The draft Supreme Court opinion was written by Justice Samuel Alito and, according to Politico, has been circulatin­g since February inside the court, now dominated 6-3 by conservati­ves. It calls the Roe v Wade decision “egregiousl­y wrong from the start”.

“We hold that Roe and Casey must be overruled,” Alito writes in the document. “It is time to heed the constituti­on and return the issue of abortion to the people’s elected representa­tives.”

The Guttmacher Institute, which backs abortion rights, has said 26 states are “certain or likely” to ban abortion if Roe v Wade is overturned.

Meanwhile, California is leading the charge against the Supreme Court. “I will be introducin­g a constituti­onal amendment that will make it crystal clear that reproducti­ve rights in California including and specifical­ly abortion are protected,” said the California senate’s acting president Toni Atkins.

Democratic governors of California, New Mexico and Michigan swiftly announced plans to enshrine abortion rights into law even if the court overturns Roe. “We have a Supreme Court that does not value the rights of women, and a political minority that will stop at nothing to take those rights away,” California governor Gavin Newsom said. “We have to fight like hell.”

Abortion providers said they were already working on providing services to women travelling from other states. Planned Parenthood operates about half of the 165 abortion clinics in California. The organisati­on has said it is treating about 80 patients from other states every month since Texas adopted a law allowing civil action against abortion providers.

 ?? | AFP ?? A DEMONSTRAT­OR holds up a coat hanger, a symbol of the reproducti­ve rights movement. as pro-choice protesters gather in front of the federal building to defend abortion rights in San Francisco.
| AFP A DEMONSTRAT­OR holds up a coat hanger, a symbol of the reproducti­ve rights movement. as pro-choice protesters gather in front of the federal building to defend abortion rights in San Francisco.

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