America convulsed after shock Roe v Wade ruling set to outlaw abortion
Supreme Court on verge of axing historic judgment as half of states back ban – but others offer ‘safe haven’ to women
JOE Biden last night vowed to fight for women’s rights as the United States headed for a bitter showdown over abortions.
The country was split yesterday after a leaked draft judgment revealed that the Supreme Court was on the verge of scrapping a landmark decision that legalised the procedure nationally.
The conservative-stacked court believes, according to the leak, that the issue of abortion should be returned ‘to the people’s elected representatives’ – meaning laws will depend on individual states.
Roe v Wade, the 1973 Supreme Court case now set to be abolished, declared abortion to be a constitutionally-protected right but 13 states have already passed ‘trigger laws’ that will automatically ban the act if the ruling is overturned. Others – taking the total to half of all 50 states – are expected to quickly do the same.
The revelation saw fierce battle lines quickly drawn, with protesters picketing the Supreme Court throughout the night and the decision branded ‘the biggest step back for women in decades’.
‘I believe that a woman’s right to choose is fundamental,’ President Biden said. ‘Roe has been the law of the land for almost 50 years, and basic fairness and the stability of our law demand that it not be overturned.’
As some believe may have been the plan, the unprecedented leak could boost support for the Democrats in November’s congressional midterm elections at which they are widely forecast to do badly. Mr Biden said it would ‘fall on voters’ to elect candidates, such as those from his party, who back women’s rights.
He said Congress should enshrine legal abortion in US law as the only way of defeating the expected ruling and he would ‘work to pass and sign into law’ such legislation.
However he admitted he could not achieve that with the Senate evenly split between his Democrats and opposition Republicans. Democrat leaders rounded on the court’s decision. In a joint statement, House speaker Nancy Pelosi and Senate majority leader Chuck Schumer called it ‘an abomination, one of the worst and most damaging decisions in modern history’.
Some Democrat state leaders offered to provide a haven for abortion seekers from states that ban it. New Jersey governor Phil Murphy called it a ‘truly dark day in America’ while Kathy Hochul, governor of New York, said: ‘New York will always be a place where abortion rights are protected.’
California governor Gavin Newsom pledged he would enshrine the right to abortion in the California constitution.
‘California will not stand by idly as women across America are stripped of their rights and the progress so many have fought for gets erased. We will fight,’ he said.
The Supreme Court had the opportunity to challenge the Roe v Wade ruling when it met to consider a recent Mississippi law that directly challenges it.
The law makes most abortions illegal after 15 weeks, about two months earlier than stipulated in Roe v Wade.
Fetal viability, the point at which a fetus can survive outside the womb, is generally estimated to begin at 24 weeks. Mississippi, which has only one abortion clinic, says the fetus has made important physiological developments by 15 weeks. It also argues that abortions are riskier to the mother at this stage of pregnancy.
The nine-member court, packed by pro-life judges picked by former president Donald Trump, is not expected to officially rule on Roe until late June.
But a copy of a 67-page opinion written by Justice Samuel Alito and backed by four other conservative colleagues was leaked to the website Politico.
Protesters from both sides quickly descended on the court in Washington DC amid predictions that, whichever way the court goes, the decision could spark serious unrest.
Police erected a low metal fence blocking access to all but the lowest level of the building’s steps and separated demonstrators into separate pens.
The Supreme Court yesterday confirmed the leak was authentic and, echoing demands by angry Republicans, promised an investigation amid claims that it was done to intimidate the judges and rally opposition to the conservative majority.
Chief Justice John Roberts called it an ‘egregious breach’ but insisted that Justice Alito’s opinion was not a final decision.
Mr Roberts reportedly does not want to overturn Roe but is willing to uphold the Mississippi law.
‘Basic fairness and stability’