Lindsay Whitehurst and Michelle L. Price – Associated Press
If the U.S. Supreme Court overturns the landmark Rowe v. Wade case in 1973, which legalized abortion nationwide, it will quickly divide the country into states that have access to abortion and those that outlaw it.
Some states already preparing for the potential that the High Court may weaken or repeal Rowe. But the grand leak of the draft conclusion seemed to speed up the movement on Tuesday, directing the country into an even more chaotic landscape of abortion rights and new battles for other reproductive rights, all before the court even rules.
The Supreme Court confirmed that the leak was a genuine document, but said Tuesday that “it does not constitute a court decision or the final position of any member on the case.”
Almost immediately after Politico released the bill Monday night, Republicans, who for decades have helped end abortion rights, rejoiced at the prospect. Democrats have promised to fight the possible loss of constitutional law, which has been in force for almost half a century.
In California, Democrats, who control the state legislature and the governor’s office, issued a joint statement Monday announcing they would seek to amend the state’s constitution to secure abortion rights.
“California will not stand idly by, as women across America are disenfranchised and the progress many have fought for is being erased,” California Democrats said. “We know we can’t trust the Supreme Court to protect reproductive rights, so California will build a firewall around that right in our state’s constitution. Women will remain under protection here. “
South Dakota Gov. Christie Noem, a Republican, said on Twitter that she plans to convene a special legislative session immediately “to save lives” if Rowe is repealed. The state already has a so-called trigger law that will make abortion illegal if it happens, and Noem’s office declined to say why a special session would be needed. Her spokeswoman Ian Fury said the tweet “speaks for itself”.
About half of U.S. states are expected to ban abortion if Rowe falls, according to the Gutmacher Institute’s abortion rights think tank. Twenty-two states, mostly in the South and Midwest, already have a complete or near-complete ban on books. Except for Texas, everyone is now blocked because of Rowe.
Republicans led by Republicans are also working to restrict access to medical abortionswhich will allow women to have abortions without the burden of trips to clinics, of which there may be few.
In addition to South Dakota, 12 other states have laws that ban abortions immediately if Rowe is canceled and are expected to take effect if a majority in the Supreme Court votes in favor of the bill in late June or early July.
One is Oklahoma, where Speaker of the House of Republicans Charles McCall said Tuesday that “decades of unwavering prayer and unwavering legislative efforts to protect the lives of the unborn are finally on the verge of success.”
“For almost 50 years, the silent cries of millions who have lost their lives without even being able to live have been heard through the voices of those of us who are fighting for our rights,” McCall said. “The Movement for Life has won by providing those who have not yet been born with a future and a promise that comes with birth in the United States.”
The Mississippi also automatically bans abortions, and the owner of the state’s only clinic has said it will close if a draft conclusion is passed. “You sued four people who said they were going to overthrow Rowe, so they put them in jail. If you do that, I don’t know how surprised you will be when that happens, ”Diana Derzis said.
Several states still have book bans, including Michigan, where Democratic Gov. Whitmer, a Gov.
The Kansas Supreme Court in 2019 declared that the state constitution protects the right to abortion, but Republican lawmakers in the primary election in August initiated its repeal.
In New Hampshire, Gov. Chris Sununu was a rare Republican governor who said he supported the right to abortion and sought to support Rowe against Wade. “As long as I am governor, these health services for women will remain safe and legal,” Sununu said.
Last year, however, Sununu signed an abortion restrictions law when he approved a measure banning abortion after 24 weeks of pregnancy, except for pregnancies that threaten the life or health of the mother.
Polls show that relatively few Americans want Rowe to be abolished. In 2020, AP VoteCast found that 69% of voters in the presidential election said the Supreme Court should leave Rowe v. Wade’s decision as is; only 29% said the court should overturn the decision. Overall, AP-NORC polls show that the majority of the population is in favor of legal abortion in most or all cases.
At least eight Republican-led states have already adopted new restrictions this year, awaiting change from a conservative majority in the Supreme Court. Arizona and Florida banned the procedure 15 weeks later without exception for rape or incest. Others, like Oklahoma, went on and declared it a crime from this summer to have an abortion, except for the life of the mother.
Idaho followed Texas and allowed people to sue for abortion – including potential members of the embryo’s family.
Meanwhile, sixteen states and the District of Columbia have defended access to abortion in state laws, and several states this year have decided to expand or strengthen those protections.
States such as Washington and Connecticut, for example, have protected abortion providers in their states from lawsuits.
Democratic leaders in Connecticut, which over the weekend sent legislation The state’s governor, who will protect abortion providers, said in a joint statement Monday night that they feared a proposed solution similar to that in the draft opinion, and “now this nightmare seems too real.”
“America is probably on a dark path where individual states will adopt conflicting statutes that will lead to further divisions in an already divided nation,” said Senate President Martin Looney and Senate Majority Leader Bob Duff.
New York Democratic Gov. Katie Hochul said her staff would “embrace with open arms” those who need access to abortion.
In Hawaii, State Sen. Rose Baker, a Democrat, questioned what else could make the court ruling.
“Are they going to come back and follow the LGBTQ community?” she said. “Are they going to go after the immigrants? Are they going to persecute any of the vulnerable groups? ”
In some cases, abortion laws may also divide states.
In Tennessee, the Republican-led Republic also has a law banning abortion if Rowe is repealed, but Nashville District Attorney on Monday wrote on Twitter that he would not prosecute the doctor who performed the abortion.
Associated Press reporters across the country contributed to the report.
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