President Joe Biden on Tuesday urged to defend abortion rights in the United States, after the explosive leak of a draft Supreme Court ruling to eliminate it, which profiles the issue as central in the November midterm elections.
The possible annulment of the landmark court ruling in Roe v. Wade’s 1973, which enshrined abortion rights in the United States, puts the issue at the center of political debate ahead of the midterm elections, in which Democrats may lose control of Congress.
In practice, it would mean that abortion laws would be left in the hands of state legislatures, and half of the states are expected to introduce bans or new restrictions on voluntary termination of pregnancy.
Abortion is the fiercest of all the battles of the culture war and Republicans have pushed for years to overturn Roe v. Wade. Wade, something almost inevitable after former President Donald Trump appointed three conservative justices, turning the balance of the Supreme Court to the right.
Read: 15 years and counting: legal abortion in Mexico City
Biden, whose popularity is down, upped the ante ahead of the November election, traditionally unfavorable to the ruling party, warning that other rights are threatened.
“I think a woman’s right to choose is fundamental … and the basic fairness and stability of our law demand that it not be revoked,” Biden said in a statement.
“It will be up to voters to choose” officials who support abortion rights, the president said, vowing to work to pass legislation in Congress codifying Roe v. Wade. Wade, something impossible to achieve unless many more Democrats win seats.
Speaking later to reporters, Biden went further: he called the draft ruling “radical” and warned of a “fundamental change in American jurisprudence” that could question the future of same-sex marriage and even “how a child is raised.”
“It would mean calling into question any other decision related to the notion of privacy,” he said.
“Authentic” but not “final”
The leak of the draft ruling is unprecedented and affects the Supreme Court’s reputation as the sole apolitical branch of the U.S. government.
Chief Justice John Roberts confirmed that the document published by the news site Politico is “authentic,” though he cautioned that this does not necessarily represent the court’s “final” decision.
Roberts ordered an investigation into the leak, which he called a “treason.”
Crowds of protesters from both sides gathered outside the Supreme Court headquarters in Washington, where anti-abortion activists shouted, “Abortion is violence. Abortion is oppression” and “Ea, ea, oh, oh, Roe v. Wade is leaving!”
In Roe v. Wade, the Supreme Court ruled that access to abortion is a constitutional right. In a later 1992 ruling, Planned Parenthood v. Casey, the court guaranteed a woman’s right to have an abortion until the fetus is viable outside the womb, which is usually between 22 and 24 weeks gestation.
Read: Colombia decriminalizes abortion until the 24th week of pregnancy
Most developed countries allow abortions with a gestational limit, usually up to 12 weeks.
Roe v. Wade makes the United States one of the few nations that allow the unrestricted procedure beyond 20 weeks of pregnancy, though many others authorize it later for specific reasons.
The draft ruling is tied to a Mississippi state law to ban most abortions after the 15th week. The decision of the nine-member court, six of them conservatives, is expected in June.
The Republican National Committee advocated for abortion decisions to go back to state governments. “The Republican Party will always stand up for the sanctity of life,” he said.
“Error from the beginning”
The draft majority opinion was written by Justice Samuel Alito and has been circulating within the court since February, Politico reported Monday.
The 98-page text dated Feb. 10 qualifies roe v. Wade’s decision. Wade as “egregiously wrong from the start.”
“We hold that Roe and Casey should be overturned,” Alito writes in the document, labeled “Court Opinion.”
“It is time to heed the Constitution and return the issue of abortion to the representatives elected by the people,” he says.
Read: Against the Court’s Criteria, Church Calls for Repeal of Abortion and Supports “March for Life”
The Guttmacher Institute, which supports abortion rights, noted that 26 states “surely or probably” ban abortion if Roe v. Wade is overturned.
The Democratic governors of several states, including California, New Mexico and Michigan, quickly announced plans to enshrine abortion rights by law, even if the court overturns Roe v. Wade.
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