Abortion rights must not change, says Biden
President cautions against move to overturn abortion law after leak of a draft of Supreme Court opinion
Joe Biden last night warned the United States Supreme Court against a “radical” move to overturn the right to abortion across America. The US president said an apparent bombshell decision by the court could also have implications for other issues, including same-sex marriage. He urged Democrat voters to flood the polls in November’s midterm elections, so that the party could try to pass a law in Congress protecting abortion rights.
‘A woman’s right to choose is fundamental ... Roe has been the law of the land for almost 50 years’
‘It would mean every other decision relating to the notion of privacy is thrown into question’
JOE BIDEN last night warned the United States Supreme Court against a “radical” move to overturn the right to abortion across America.
The US president said an apparent bombshell decision by the court could also have implications for other issues, including same-sex marriage.
He urged Democrat voters to flood the polls in November’s midterm elections, so the party could try to pass a law in Congress protecting abortion rights.
Mr Biden’s bid to apply pressure on America’s highest court came after a leaked draft majority opinion suggested it was poised to strike down the landmark 1973 Roe versus Wade ruling.
Republicans accused the leaker, and the Democrats, of attempting to “intimidate” the court into changing its mind before the decision was finalised.
Overturning Roe versus Wade would be a seismic shift, leaving the issue of abortion to individual states, about half of which would ban it. The move would also impact the November elections, and the 2024 presidential election.
Polls show a clear majority of Americans are against overturning the ruling.
Mr Biden said: “If this decision holds, it’s really quite a radical decision. I hope there are not enough votes for it [in the Supreme Court].
“I believe that a woman’s right to choose is fundamental. Roe has been the law of the land for almost 50 years, and basic fairness and the stability of our law demand it not be overturned.”
He added: “It would mean every other decision relating to the notion of privacy is thrown into question. It goes far beyond the concerns of whether or not there is the right to choose.
“It goes to other basic rights, all the decisions related to your private life, who you marry, whether or not you decide to conceive a child. It’s a fundamental shift in American jurisprudence. I’m not willing to leave that to the whims of local areas.
“It will fall on voters to elect prochoice officials this November.”
The draft opinion from a majority of the nine-member court was leaked to the Politico website. It was an unprecedented event in the 235-year history of the court, and was compared to the leak of the Pentagon Papers about the Vietnam War.
Justice Samuel Alito wrote the draft, dated Feb 10, saying: “Roe was egregiously wrong from the start. The inesfor
‘This is the time to fight for women and for our country with everything we have’
capable conclusion is that a right to an abortion is not deeply rooted in the nation’s history and traditions.”
Chief Justice John Roberts said the document was “authentic” but did not represent the court’s “final position”. He called the leak a “singular and egregious breach” of trust and announced an investigation, saying: “To the extent this betrayal of the confidences of the court was intended to undermine the integrity of our operations, it will not succeed. The work of the court will not be affected in any way.”
Republicans suggested the leak was an attempt to “intimidate” the court into changing its mind.
Mitch Mcconnell, the Republican leader in the Senate, said: “Last night’s stunning breach was an attack on the independence of the Supreme Court.
“This was yet another escalation in the radical Left’s ongoing campaign to bully and intimidate federal judges and substitute mob rule for the rule of law.”
He said there should be criminal charges against the culprit and the justices should “tune out the bad-faith noise” and “follow the facts”. Mike Lee, a Republican senator and former Supreme Court clerk, said there “are very few people in the entire building who had access to the opinion”.
Suspicion fell on clerks working for the three Democrat-appointed justices who dissented from the opinion.
Brian Fallon, Hillary Clinton’s press secretary in 2016, asked: “Is a brave clerk taking this unprecedented step of leaking a draft opinion to warn the country what’s coming, in a last-ditch Hail Mary attempt to see if the public response might cause the court to reconsider?”
Crash barriers were erected as protesters descended upon the court. Antiabortion activists shouted: “Roewade has got to go”, while pro-choice groups chanted: “Do something Democrats”.
Abortion is one of the most divisive issues in US politics and has been for nearly a half century. In 2020, an Associated Press poll found 69 per cent of voters in the presidential election said Roe versus Wade should not be overturned, and 29 per cent said it should.
After the leak, Elizabeth Warren, the Democrat senator, was visibly upset and close to tears outside Congress. She said: “I am angry and upset and determined. The Republicans have been working towards this day for decades. They have accomplished something the majority of Americans do not want.”
Kamala Harris, the US vice president, accused Republicans of “punishing” women and “weaponising” the law against them. She said: “This is the time to fight for women and for our country with everything we have.”