Report: Supreme Court Draft Suggests Roe Could Be Overturned

President Joe Biden said Tuesday that the “basic fairness and the stability of our law demand” that the court not overturn Roe. While emphasizing that he couldn’t speak to the authenticity of the draft, Biden said his administration is preparing for all eventualities for when the court ultimate rules and that a decision overturning Roe would raise the stakes for voters in November’s heated midterm elections.

The document was labeled a “1st Draft” of the “Opinion of the Court” in a case challenging Mississippi’s ban on abortion after 15 weeks, a case known as Dobbs v. Jackson Women’s Health Organization.The draft opinion in effect states there is no constitutional right to abortion services and would allow individual states to more heavily regulate or outright ban the procedure.

The draft opinion strongly suggests that when the justices met in private shortly after arguments in the case on Dec. 1, at least five voted to overrule Roe and Casey, and Alito was assigned the task of writing the court’s majority opinion. An AP-NORC poll in December found that Democrats increasingly see protecting abortion rights as a high priority for the government.

People on both sides of the issue quickly gathered outside the Supreme Court waving signs and chanting on a balmy spring night, following the release of the Politico report.In a joint statement from Congress’ top two Democrats, House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer said, “If the report is accurate, the Supreme Court is poised to inflict the greatest restriction of rights in the past fifty years — not just on women but on all Americans.

Congress could act, too, though a bill that would write Roe’s protections into federal law stalled in the Senate after passing the House last year with only Democratic votes.

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