Commentators across the aisle broke into chaos recently as Politico released an exclusive reporting, “Supreme Court has voted to overturn abortion rights, draft opinion shows.” The draft opinion, written by Justice Samuel Alito, “is a full-throated, unflinching repudiation of the 1973 decision which guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision – Planned Parenthood v. Casey – that largely maintained the right. ‘Roe was egregiously wrong from the start.'” The George W. Bush appointee continues: “We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
Chief Justice John Roberts confirmed the authenticity of the leaked draft but said, “it does not represent a decision by the Court or the final position of any member on the issues in the case.” He has ordered the Marshal of the Supreme Court to investigate the leak, stating, “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 leak was likely deployed to intimidate the justices from overturning Roe and sparking calls for more security detail to be given to the Court and barricades being put up around the Court. After the leak, a group of protestors formed at the Supreme Court Building, leading the Daily Beast to ask, “What Are You, Scared?” The same website has an entire section dedicated to the Capitol Riots. The leaked draft is speculated to be from a liberal clerk, and it was noted that the White House seemed to be prepared for the draft opinion. The president swiftly gave a speech on the subject.
Most Americans are unfamiliar with what would happen if the Court overturned Roe v Wade. According to a recent poll, “65.7% of the sample incorrectly answered that abortion would be illegal everywhere if Roe v. Wade were overturned. In reality, legislatures would be allowed to determine regulations over abortion in their states. Despite screams coming from the left, ending Roe would be more democratic than the current system because elected officials, not judges, would determine the law.
Polling has shown that radicalism on abortion from both sides is unpopular. According to Gallup, “Six in 10 U.S. adults think abortion should generally be legal in the first three months of pregnancy. However, support drops by about half, to 28%, for abortions conducted in the second three months, and by half again, to 13%, in the final three months.”
This, of course, has not stopped liberals from going bonkers at the news of the leaked draft. Pennsylvania Senate candidate John Fetterman, for example, revealed a religious commitment to abortion, calling it “sacred” and demanding the end of the filibuster to pass a national bill protecting abortion rights.
While it does appear that the potential for sending abortion laws back to the states has helped liberals suddenly remember how to define what a woman is without need of a biologist, this isn’t true for all of them. Wisconsin state representative Francesca Hong wrote, “Birthing bodies have the right to freedom.”
Long gone are the days of liberals saying they want abortion to be safe, rare, and legal. Democrats have gotten much more radical over the past few years in protecting and promoting abortion. In 2019, a law was proposed to allow for abortion up to the moment of birth in Virginia. While in the Illinois legislature, Barack Obama famously opposed a bill that recognized babies born after attempted abortions as persons and required doctors to give them care.
The U.S. House, under Speaker Nancy Pelosi, recently passed a bill that would create a “virtually unlimited right to kill a baby through all nine months of pregnancy,” which critics have labeled barbaric. Senator Joe Manchin, however, has said he opposes the proposal and will not change the Senate rules to nationalize abortion.
President Joe Biden epitomizes this radical turn from Democrats. In 1981 Biden voted in favor of an amendment that would allow states to decide abortion restrictions rather than the federal government.
The New York Times documented, “Mr. Biden entered the Senate in 1973 as a 30-year-old practicing Catholic who soon concluded that the Supreme Court went ‘too far’ on abortion rights in the Roe case. He told an interviewer the following year that a woman shouldn’t have the ‘sole right to say what should happen to her body.’ By the time he left the vice president’s mansion in early 2017, he was a 74-year-old who argued a far different view: that government doesn’t have ‘a right to tell other people that women, they can’t control their body,’ as he put it in 2012.”‘
Biden went even further in his statement on Tuesday, attacking democracy itself. The president said the Roe reversal, as leaked, represents a “fundamental shift in American jurisprudence.” Later adding, “I’m not willing to leave that to the whims of the public in local areas.”
It appears that democracy and voting are only suitable for Democrats if it validates their established views.
Later in the day, the president seemed to give the entire game played by the pro-choice movement away, saying, “The idea that we’re going to make a judgment that is going to say that no one can make the judgment to choose to abort a child, based on a decision by the Supreme Court, I think goes way overboard.”