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      Supreme court overturning Roe allows 'open season' on American freedoms, warns Schumer – video

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      The supreme court overturning the landmark Roe v Wade decision that protects women’s rights to abortion in the US would create an open season on Americans’ freedoms, majority leader Chuck Schumer has said.
      Schumer was speaking before a vote in which the US Senate rejected legislation enshrining abortion rights into federal law 51-49.
      On 2 May, a draft decision by the United States supreme court to overturn Roe was published by Politico, which has been verified as genuine by the justices but it ‘does not represent a decision by the court or the final position of any member on the issues in the case.’

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      Gillibrand calls abortion rights ‘fight of generation’ after ‘bone-chilling’ court draft opinion

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      Gillibrand calls abortion rights ‘fight of generation’ after ‘bone-chilling’ court draft opinionNew York Democrat urges her party to stand up to concerted efforts from Republicans seeking to abolish constitutional right Senator Kirsten Gillibrand on Sunday called the battle over abortion rights in the US the “biggest fight of a generation”.The New York Democrat urged her party to stand up to Republicans seeking to abolish the constitutional right, and called the draft US supreme court opinion leaked last week, revealing a conservative-leaning super-majority supports overturning the landmark 1973 Roe v Wade decision, “bone-chilling”.She told CNN’s State of the Union Sunday politics talk show: “This is the biggest fight of a generation … and if America’s women and the men who love them do not fight right now, we will lose the basic right to make decisions, to have bodily autonomy and to decide what our futures look like.”Mississippi Republican governor Tate Reeves praised the draft ruling, which emerged last Monday evening and immediately sparked protests outside the supreme court in Washington DC, with more the next day and huge demonstrations planned across the US.His state has the pivotal case currently before the court that includes the option not just to severely restrict the procedure further but specifically to overturn the Roe v Wade opinion that made abortion a federal right, which was reaffirmed by the supreme court in 1992.“While this is a great victory for the pro-life movement, it is not the end. In fact, it’s just the beginning,” Reeves said of the draft opinion. Mississippi hopes to ban almost all abortion in a state that normally carries out around 3,500 such procedures a year.He talked of providing more education for women, to help them get better jobs to support children.Gillibrand called Reeves “paternalistic” and his and the court’s stance outrageous.“It’s taking away women’s right for life, liberty and the pursuit of happiness, our right to be a full citizen,” she said, adding that women are “half citizens under this ruling and if this is put into law, it changes the foundation of America”.Reeves said Mississippi plans to improve adoption processes and foster care systems and provide more resources for those expecting. However the state has a poor record on healthcare for low-wealth women, particularly women of color, in a nation frequently called out for high infant mortality rates and poor antenatal health.CNN show host Jake Tapper noted that Mississippi has the highest rate of child mortality in the United States, the highest rate of child poverty, no guaranteed paid maternity leave and that the legislature in Mississippi “just rejected extending postpartum Medicaid coverage”, referring to government health insurance for low-income populations. Tapper also pointed out that Mississippi’s foster care system is the subject of a long-running federal lawsuit over its failure to protect children from abuse.Reeves said: “I was elected not to try to hide our problems but to try to fix our problems.”Jake Tapper to Mississippi Gov. Tate Reeves: You say you want to do more to support mothers and children, but you’ve been in state government since 2004… Based on the track record of the state of Mississippi, why should any of these girls or moms believe you?” pic.twitter.com/VLuA6gcS1F— Justin Baragona (@justinbaragona) May 8, 2022
      Gillibrand said she was offended by Reeves’s remarks, adding: “I thought he was quite paternalistic towards women. He doesn’t look at women as full citizens.”Senate majority leader Chuck Schumer, a fellow New York Democrat, said on Sunday that a piece of legislation that has been stalled in Congress would be put to the vote by the Senate again, on Wednesday.The Women’s Health Protection Act, which enshrines the rights afforded by Roe into federal legislation, rather than relying on court decisions, has passed the House of Representatives but was struck down in the senate in March, with one Democrat joining Republicans in opposing it.Abortion deserts: America’s new geography of access to care – mappedRead moreThe final supreme court decision on Roe is due in June. Overturning Roe and instead letting each state set its own law on abortion would leave entire regions of the country without an abortion clinic within a day’s drive, reshaping the geography of abortion access in America in a single seismic shift.Minnesota Democratic senator Amy Klobuchar told ABC’s This Week host Martha Raddatz that there were Democrats in Congress and Democratic candidates who do not support abortion rights.But she said: “You have people who are personally pro-life but believe that that decision should be a woman’s personal choice, even if they might not agree with them. We have people in our party who vote to uphold Roe v Wade who might have different personal opinions, that’s a really important distinction.”“In the wake of the leaked draft, activists on both sides of the debate immediately began mobilizing for a drastic shift in America’s abortion laws.” @MarthaRaddatz sits down with the leaders of two advocacy groups: https://t.co/ECy1oebCRT pic.twitter.com/fU8IVPgdlf— This Week (@ThisWeekABC) May 8, 2022
      She accused the supreme court, which achieved a right-leaning controlling majority after Donald Trump nominated three justices – now having six conservatives and only three liberal-leaning judges on the nine-member bench, of wanting to take America back into ancient history.The draft opinion was written by conservative justice Samuel Alito.“The court is looking at reversing 50 years of women’s rights, and the fall will be swift. Over 20 states have laws [to ban] in place already. Who should make this decision, should it be a woman and her doctor, or a politician? Should it be [conservative Republican Senator] Ted Cruz…or a woman and her family? Justice Alito is literally not just taking us back to the 1950s, he’s taking us back to the 1850s,” Klobuchar said.Pro-abortion rights groups NARAL pro-choice America, Planned Parenthood and Emily’s List plan between the three of them to put more than $150m into campaigns to support abortion rights advocates as political candidates in elections this year.Mini Timmaraju, president of NARAL, told ABC: “As a movement, this has been probably the most devastating year since pre-1973.”TopicsDemocratsKirsten GillibrandUS politicsAbortionUS supreme courtMississippiRepublicansnewsReuse this content More

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      Women know how choice and freedom feel – and we will never give that up | V

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      Women know how choice and freedom feel – and we will never give that upV (formerly Eve Ensler)The supreme court draft ruling on abortion shows how desperate some are to control our bodies. But we are never going back To All Those Who Dare Rob Us of Our Bodily Choice, I ask you:What is it about our bodies that makes you so afraid, so insecure, so cruel and punishing?Is it their singular autonomy or mere existence?Is it their capacity for immense and unending pleasure – orgasms that can multiply orgasms inside orgasms? Is it our skin? Is it our desire?Is it our openness that rattles you and reminds you of where you are closed?Is it the pure strength of our bodies that allows us to bleed and birth and bend and carry and continue on in spite of all the ways you have reduced us and objectified us, humiliated us and disrespected us and tried to shape us into baby-making machines? Our strength that is inherent and doesn’t need to prove itself or show off or rely on weapons or violence to control and terrorise? Doesn’t need to abolish laws, or lie to become supreme court judges or president or rig the decks when they get there.Do you know this power? Can you imagine it? A power that comes from respecting life, caring for others before oneself, holding communities together?Do you think we are naive enough to believe that you are motivated by your care for life when you have shown so little respect for it and us? Instead you spend your days unravelling and resisting all that makes life possible for those mothers and people with babies you claim to protect – fighting against free universal healthcare, parental paid leave and child allowance. Where’s your outrage that the US has the highest maternal mortality rates in the developed world?Do you think we have forgotten that some of those (Brett Kavanaugh and Clarence Thomas) who are making the most crucial decisions about millions of our bodies and the one (Donald Trump) who chose three of the people on the court currently making these decisions, are men who have been accused of violating other women’s bodies, harassing women’s bodies, humiliating and proudly bragging about grabbing the genitals of women’s bodies?What is it about our bodies that make you think you have the right to invade them, determine them, control and legislate them, violate and force them to do anything against their will?Perhaps you mistake our generosity for weakness, our patience for passivity, our vulnerability for fragility.This might be why you are unable to see that there is no chance in hell that we are ever going back. This is not a law yet and we will never accept this ruling.Perhaps because you have never known what it is like to have your body controlled by the vindictive anonymous state, to be raped and forced to keep your baby, to be so desperate that you destroy your uterus with a hanger or bleed to death in a back alley, you do not understand that once you have tasted the sweetness of freedom, of choice, once you have come to know your body as your own, once you have freed yourself and felt the expanse of your body, the aliveness in every pore that rises from autonomy, there is no way you will ever give that up. Ever.And because you do not know this, you do not know how dangerous we are, how organised we are, how willing we are to go any lengths to preserve our freedom.It’s been 50 years. We have summoned our due. We actually have bank accounts now. We have credit cards and we can buy a house. We can serve on juries. We hold offices and are lawyers. We write for newspapers and we run them. We host TV shows and direct movies. We run hospitals and universities and non-profits and write plays about vaginas and books about fascists and fascism. We can’t be tossed aside.This is our world now. And these are our bodies. We know what you are up to – this is just the beginning of your diabolical plan to rob us of contraception and marriage equality and civil rights and on and on. This is all part of your desperation to prevent the future that is on the verge of being born – a future where we know our past and begin to reckon with it, a future where we teach critical race theory and the truth about white supremacy and sexism and transphobia.A future where we care for our Earth and devote our lives to protecting air and water and forests and animals and all living things, a future where people have autonomy over their bodies and wombs and gender and marry who they want to, and don’t get married if they don’t want to, and have babies if they want to, and don’t have babies if they don’t want to. Despite all your lies, strategies and devious ways you are simply never going to stop us.You have unleashed our fury, our solidarity, our unity.We know that our future and everything we have fought for is at stake. I am willing to lay my body down for this freedom, for every freedom and I know there are multitudes who will do the same.
      V (formerly Eve Ensler) is a playwright and activist and the founder of V-Day, a global movement to end violence against women and girls
      Do you have an opinion on the issues raised in this article? If you would like to submit a letter of up to 300 words to be considered for publication, email it to us at guardian.letters@theguardian.comTopicsRoe v WadeOpinionWomenAbortionUS politicsUS supreme courtLaw (US)commentReuse this content More

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      Ending Roe v Wade could badly backfire on Republicans during elections this year | Lloyd Green

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      Ending Roe v Wade could badly backfire on Republicans during elections this yearLloyd GreenThe Democrats now have a fighting chance to maintain control of the Senate. Their odds of retaining and flipping seats have improved overnight On Monday night, Politico reported that a majority of the US supreme court is poised to overturn Roe v Wade, eviscerate a half-century of precedent, and leave the issue of abortion to the states. Five of the court’s nine justices are prepared to give the Republican base exactly what it demanded. The remaining question for the Republican party is whether answered prayers are the most dangerous.Through the Trumpian looking glass, forcing women to die from illegal abortions is ‘pro-life’ | Marina HydeRead moreIf the leaked draft of the majority opinion in Dobbs v Jackson Women’s Health Organization is close to the final cut, the court stands to energize otherwise dejected Democrats and put Republican members of Congress in Democratic-leaning states at risk. Expect the anticipated Republican House majority in the midterms to be smaller than currently projected.Indeed, the Democrats also now have a real shot to maintain their control of the Senate. Overnight, their odds of retaining seats in Arizona, Nevada, Georgia and New Hampshire, while flipping Pennsylvania and Wisconsin, improved.Beyond federal offices, fights will now be waged this fall over governorships and legislatures in Michigan and Pennsylvania, where Joe Biden narrowly won in 2020, but where the incumbent governor is a Democrat, and the legislature is in the hands of the Republican party. In a post-Dobbs world, look to the states to emerge as roiling battlegrounds.Make no mistake, the draft opinion is sweeping. “We hold that Roe and Casey must be overruled,” Justice Samuel Alito writes for himself and four of his colleagues. “It is time to heed the constitution and return the issue of abortion to the people’s elected representatives.” Along the way, the ruling also offers implicit criticism of the court’s prior decisions on personal autonomy.Prior precedents on contraception, interracial marriage, consensual sex and gay marriage are now at risk. At a February debate among Michigan’s prospective Republican candidates for attorney general, all three men, including Matthew DePerno, Donald Trump’s choice, criticized Griswold v Connecticut. In that case, the US supreme court struck down a state law that barred the sale of contraceptives to married couples.DePerno, an advocate of election conspiracy theories, framed his understanding of this this way: “The supreme court … has to decide, mark my words, that the privacy issue currently is unworkable. It’s going to be a states’ rights issue on all these things, as it should be.” DePerno is also the state Republican party’s officially preferred candidate.Elissa Slotkin, a moderate Michigan Democrat, tweeted on Monday night: “If tonight’s news is true, Michigan’s 1931 state law banning abortion would snap back into effect, making any abortion illegal in our state – even if the mom will die, or if she was raped by a family member. No exceptions.”A former member of the US intelligence community and the wife of a retired army helicopter pilot, Slotkin added: “My poor mother is turning over in her grave. The House has already voted to codify Roe – let all Senators be on record on this one in an up or down vote.”In the same neo-Confederate spirit as Michigan’s DePerno, the Indiana senator Mike Braun offered up his benighted take on interracial marriage. Braun argued that like abortion, interracial marriage should be left to the states to decide – not the federal judiciary. Said differently, he was arguing that the supreme court got it wrong in Loving v Virginia.“When you want that diversity to shine within our federal system, there are going to be rules and proceedings, they’re going to be out of sync with maybe what other states would do,” Braun announced.“It’s the beauty of the system, and that’s where the differences among points of view in our 50 states ought to express themselves.”After the ensuing uproar, Braun walked his words back. But in light of Politico’s reporting, the Democrats now have names, faces and an issue. Think ready-made campaign ad.To be sure, clearer Republican heads viewed the wholesale gutting of Roe as a threat to the Republican party’s elected officials. In the summer of 2021, they attempted to guide the court’s hand; they failed.Last July, 228 Republican members of Congress, 44 senators and 184 House members, filed an amicus brief in support of the Mississippi abortion law in question. Nowhere did the Republican submission refer to contraception, interracial marriage, or individual autonomy. Likewise, the word “privacy” only appeared as a part of a title of a footnoted law review article. Mitch McConnell, Kevin McCarthy, Marjorie Taylor Greene and Lauren Boebert couched their arguments in pastels. Words like “previability” filled the page, as did polling data.Justices Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, however, were having none of that. For them, it is time to return to what they consider the original constitution.More than seven in 10 Americans oppose overturning Roe even as the public is split over where to draw a line. In Texas, 77% support legal abortions in case of rape and incest. Not all restrictions are the same. America’s cold civil war just got really hot.
      Lloyd Green is an attorney in New York. He was opposition research counsel to George HW Bush’s 1988 campaign and served in the Department of Justice from 1990 to 1992
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      There’s rage at this Roe v Wade mess – and those on the left who didn’t see it coming | Emma Brockes

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      There’s rage at this Roe v Wade mess – and those on the left who didn’t see it comingEmma BrockesFrom anti-Hillary Democrats to Ruth Bader Ginsberg, who clung on at Supreme Court, unlikely targets are being identified for blame After the initial shock, the blame. On Monday, when news broke of the leaked US supreme court draft opinion overturning Roe v Wade, millions of horrified Americans sought emotional release. “I am angry,” said Elizabeth Warren, voice shaking, leading a pack of reporters straight over a flowerbed outside the supreme court. Her face ignited with rage as she reminded them that 69% of Americans are against overturning the abortion legislation. “The Republicans have been working towards this day for decades,” she said. In the background, a man shouted, “You want to dismember children in the womb!”For many of us, that man – the you-want-to-kill-babies guy – and his ilk were not the first target for righteous abuse. It’s hard, in moments of duress, to get much satisfaction from reiterating an existing and long-held revulsion, particularly when its subject is beyond reasonable reach. When considering the rightwing architects of this moment, there was no “what if” in attendance; all the what ifs belonged to the left. Political purists who in 2016 urged Democrats to avoid voting for Hillary Clinton (hi, Susan Sarandon) were the first in line, and social media echoed to the sound of, “We told you this would happen.”Biden condemns efforts of extremist ‘Maga crowd’ to overturn Roe v Wade abortion protections – as it happenedRead moreSacrificing the good in pursuit of the better and winding up with the absolute worst – a dynamic as familiar to British as to American leftwing politics – was, in this moment of horror, a more enraging consideration than flat hatred of the right. From revived outrage at the Bernie bros, it was a quick descent into rage against various champions of the left. “You know who I blame for this?” said a friend. “Ruth Bader Ginsburg.” The late supreme court justice’s vanity in hanging on to her seat, her overconfidence that Clinton would win, her refusal to listen to warnings from the Obama White House that, should the unthinkable happen and the Republicans regain the presidency, the first casualty would be Roe v Wade – her fundamental enjoyment, one assumed, of being RBG when she could have ceded her seat to an Obama appointee – twisted us up into pretzels. I love Ginsburg, so all this had about it the extra and extremely female zing of self-harm.Oh, and Clinton wasn’t off the hook either. “If she’d bothered to campaign in Michigan,” said another friend sourly, “none of this would’ve happened.” All the terrible, bad-tempered fights of that election flew back up into the air, like a water column after a bomb. The only Republican who came in for similar ire was that idiot Susan Collins, senator from Maine, a supporter of abortion rights who had nonetheless voted in line with her party to confirm both Neil Gorsuch and Brett Kavanaugh to the supreme court. Both had assured her, she said at the time, that they wouldn’t go after Roe v Wade. Shocked! Shocked, she was, this week to discover these were not men of their word.Of course, all this fury was mere displacement for the fundamental truth that rightwing forces were smarter, more organised, disciplined and talented in prosecuting a digestible narrative – “don’t kill babies” – than the fractured and dissembling left. Progressives tried to rally towards concrete solutions. There were things to be done – in the first instance, register to vote. (After less than a year of citizenship, I hadn’t. This weekend, I will). There was the call for fundraising. Celebrities started throwing around $10,000 matching donations to anyone giving to local abortion funds.And both Alexandria Ocasio-Cortez and Bernie Sanders, as well as senators Kirsten Gillibrand and Chuck Schumer, hyped the necessity of codifying Roe v Wade in Congress, a move backed by President Biden that would enshrine the right to abortion in federal law irrespective of actions taken by the supreme court. It sounds good, and has the advantage of generating political action. But it is also a long shot, a case of last-resort measures, and too little too late. Earlier this year, Democrats tried to codify Roe, and while it passed the House it failed in the Senate, overcome by a filibuster. (Then “we must end the filibuster”, tweeted Sanders. None of this can happen quickly, if at all.)The fact is that if, as Warren said, the Republicans had been planning this moment for decades, rigging composition of the supreme court with precisely this endgame in mind, there was, irrespective of the scale of public outrage, no immediate way to turn back. In this first week of shock, before anger might become effectively organised, there was only the tiny compensation of the blame spiral.
      Emma Brockes is a Guardian columnist
      TopicsRoe v WadeOpinionAbortionElizabeth WarrenUS politicsUS supreme courtLaw (US)WomencommentReuse this content More

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      Is Biden willing to go against the supreme court to save Roe v Wade? Politics Weekly America – podcast

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      According to a draft majority opinion published by Politico this week, the US supreme court has voted to overturn Roe v Wade in the clearest sign yet that the constitutional right to abortion will probably be taken away from millions of Americans very soon.
      This week, Jonathan Freedland speaks to Moira Donegan about what it will take to stop the majority conservative bench, whether Democrats are willing to pull rank, and if they don’t, whether it is even accurate to call the US the land of the free

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      To enter our prize draw, Worthy Winners, nominate someone who you think deserves to win one of 10 pairs of tickets to this year’s Glastonbury festival. Entrants and nominees must be 18 and UK residents. Listen to Thursday’s episode of Today in Focus on abortion rights Sign up to First Edition for free at theguardian.com/firstedition Send your questions and feedback to podcasts@theguardian.com Help support the Guardian by going to gu.com/supportpodcasts More

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      After victory in the US, now the far right is coming for abortion laws in Europe | Sian Norris

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      After victory in the US, now the far right is coming for abortion laws in EuropeSian NorrisThe attack on Roe v Wade has roots in well-funded organisations whose tentacles have spread across the Atlantic For those of us who have been watching the assault against abortion in the US for years, this week’s leaked supreme court draft opinion – which could pave the way for an overturning of Roe v Wade – came as no surprise.Roe v Wade protects the right to an abortion in the US up to the point a foetus can survive outside the womb, and the religious and far-right have been gunning for it since it was introduced in 1973. Evangelical ideologues, far-right actors and radical-right billionaires have organised to undermine women’s right to safe, legal abortions through a combination of violence against clinics and doctors, dark money and political influence.‘Unnecessary suffering and death’: doctors fear for patients’ lives in a post-Roe worldRead moreSo, how did the US get here?After years of legal assaults that restricted abortion access and targeted clinics in Republican states; years of disinformation spread by “crisis pregnancy centres”, where women are persuaded to not have abortions; and years of burdensome demands on women to endure ultrasounds, gain parental consent and put up with counselling in order to have a termination, Trump’s election opened the door for abortion rights to end in the US.Ultimately, it required courts, not politicians, to end abortion. That’s where the Federalist Society comes in. Headed by Leonard Leo, the legal organisation supported anti-abortion lawmakers across the US into positions of influence where they could draft laws to ban abortion after 15 weeks … 12 weeks … six weeks … and completely. The end goal was for anti-abortion states to try to implement one of these laws, where it would be challenged again and again until it reached the supreme court.To do that, the anti-abortion movement needed supreme court justices who would enact its agenda. They got their way with the help of the leader of the Senate, Mitch McConnell, who blocked President Obama from nominating a supreme court judge, leaving the field open for Trump to promote the anti-abortion Neil Gorsuch. After that came two more Trump-appointed justices: Brett Kavanaugh and Amy Coney Barrett.That was the judicial assault on abortion rights. But that assault could only happen with the help of money … and lots of it. Luckily for the anti-abortion movement, there are plenty of wealthy foundations keen to fund the cause. They include the DeVos, Prince, and the Templeton Foundation, which have helped to support organisations such as the Alliance Defending Freedom (ADF), the Heritage Foundation and Focus on the Family.Backed by billionaire funding, organisations such as the ADF took the fight against abortion rights to the courts – helping to secure a ban on buffer zones and so-called “partial birth abortion”, and supporting the notorious Hobby Lobby case, which stated that employers should not have to cover birth control on employees’ healthcare plans if it was against the owner’s religious beliefs.These organisations and their billionaire backers have transatlantic reach. Take the DeVos and Koch Foundation-supported Heritage Foundation, which has welcomed a range of Conservative MPs to discuss free speech – including Oliver Dowden, Priti Patel and Liam Fox. It was announced on the day of the supreme court leak that Lord David Frost would soon be addressing the organisation.Then there’s the ADF, which spent $23.3m in Europe between 2008 and 2019, when its European arm’s youth conference played host to the Conservative MP Fiona Bruce.ADF International intervened in Belfast’s notorious “gay cake” case and is allied with organisations that lobbied to further restrict abortion in Poland. The US anti-abortion legal organisation, the American Center for Law and Justice (ACLJ), a second religious freedom organisation that takes on legal cases to challenge abortion and LGBTQ+ rights, has also operated in Europe. Set up by the Republican Pat Robertson, who famously accused feminism of turning women into lesbians, ACLJ’s chief counsel is a former Trump defence attorney, Jay Sekulow. ACLJ spent $15.7m in Europe from 2008-2019.So far you can see how big money, the judiciary and religious freedom movements have come together in the US and Europe. But there’s another active force that has pushed us towards the end of Roe: the far right.Across the far-right infosphere, men discuss the need to ban abortion in order to reverse what they term the “great replacement” – a conspiracy theory that posits white people are being “replaced” by migration from the global south, and that, in the US in particular, this replacement is aided by feminists repressing the white birthrate via abortion.Conspiracy theories such as the “great replacement” sound extreme. But when it comes to the US abortion row, such views are mainstream. Take this quote from the former Republican congressman Steve King, who represented Iowa between 2003-2021. He claimed “the US subtracts from its population a million of our babies in the form of abortion. We add to our population approximately 1.8 million of ‘somebody else’s babies’ who are raised in another culture before they get to us.” Far-right theories circulate globally – that’s why people outside the US shouldn’t just act in solidarity with American women at this time, but prepare to stand up against the possible erosion of their own hard-won rights.
      Sian Norris is the chief social and European affairs reporter at Byline Times. She is writing a book about the far-right attack on productive rights called Bodies Under Siege
      Do you have an opinion on the issues raised in this article? If you would like to submit a letter of up to 300 words to be considered for publication, email it to us at guardian.letters@theguardian.comTopicsRoe v WadeOpinionAbortionUS supreme courtWomenHealthUS politicsLaw (US)commentReuse this content More

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      Trump justices accused of going back on their word on Roe – but did they?

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      Trump justices accused of going back on their word on Roe – but did they? Gorsuch, Kavanaugh and Coney Barrett face accusations of having misled politicians and the public but experts say people may have read into their statements what they wished to hear Chief Justice John Roberts has condemned the leak of a draft supreme court opinion overturning Roe v Wade as a “betrayal”. But for the majority of Americans who support the right to abortion access, the true betrayal was committed by the five justices who have initially voted to overturn the landmark case.That is especially true of the three conservative supreme court justices who were nominated by Donald Trump: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. During their Senate confirmation hearings, each of those three justices was asked about Roe and Planned Parenthood v Casey, the 1992 case that upheld the right to abortion access and could now be overturned as well.US supreme court justices on abortion – what they’ve said and how they’ve votedRead moreThe comments that the three justices made during those hearings are now coming under renewed scrutiny, as they face accusations of having misled politicians and the public about their willingness to overturn Roe.Republican Senator Susan Collins, who supported Gorsuch and Kavanaugh and repeatedly reassured the public that they would not vote to overturn Roe, has expressed alarm over the draft opinion and a sense that the justices told her something they later reversed.“If this leaked draft opinion is the final decision and this reporting is accurate, it would be completely inconsistent with what Justice Gorsuch and Justice Kavanaugh said in their hearings and in our meetings in my office,” Collins said, while noting that the draft opinion is not final.Republican Senator Lisa Murkowksi, who also supports abortion rights and voted in favor of Gorsuch’s and Barrett’s nominations, said the draft opinion “rocks my confidence in the court right now”.Murkowski told reporters on Tuesday: “If the decision is going the way that the draft that has been revealed is actually the case, it was not the direction that I believed that the court would take based on statements that have been made about Roe being settled and being precedent.”During his 2017 confirmation hearings, Gorsuch said: “Casey is settled law in the sense that it is a decision of the US supreme court.” When Kavanaugh appeared before the Senate judiciary committee in 2018, he similarly described Roe as “important precedent of the supreme court that has been reaffirmed many times”, and he defined Casy as “precedent on precedent” because it upheld Roe.But legal excerpts say Gorsuch and Kavanaugh’s comments about Roe and Casey did not clearly indicate how they might vote in a case like Dobbs v Jackson Women’s Health Organization, raising the prospect that some people may have read into their statements only what they wished to hear.“When people are nominated to the supreme court and they testify in Senate confirmation hearings, they are very careful about their language,” said Professor Katherine Franke of Columbia Law School. “Something like ‘settled law’ actually has no concrete legal meaning. What it means is that that’s a decision from the supreme court, and I acknowledge that it exists. But it doesn’t carry any kind of significance beyond that.”During her Senate confirmation hearings, Barrett was arguably even more careful than Gorsuch and Kavanaugh in her language about Roe. She refused to identify Roe as a “superprecedent”, meaning a widely accepted case that is unlikely to be overturned by the court. Instead she promised that, if confirmed, she would abide by “stare decisis”, the legal principle of deciding cases based off precedent.However, Barrett’s writings before joining the supreme court gave a clear indication of her thoughts on Roe. In one 1998 paper, Barrett and her co-author defined abortion as “always immoral” in the view of the Catholic church. She also signed off on a 2006 advertisement that described Roe as “barbaric”.“I’m sure that both Senators Collins and Murkowski asked pointed questions of all of these nominees, trying to get them to clearly say that they would not overrule Roe v Wade,” Franke said. “Murkowski and Collins maybe heard what they wanted to hear in order to feel better about voting to confirm these nominees, when the rest of the world knew quite clearly that they were ideologically and legally opposed to abortion.”For that reason, many progressives expressed little sympathy for Collins and Murkowski as they reacted with bafflement to the draft opinion.“Murkowski voted for Amy Coney Barrett when Trump himself proclaimed that he was appointing justices specifically to overturn Roe,” progressive congresswoman Alexandria Ocasio-Cortez said Tuesday. “She and Collins betrayed the nation’s reproductive rights when they were singularly capable of stopping the slide. They don’t get to play victim now.”Murkowski voted for Amy Coney Barrett when Trump himself proclaimed that he was appointing justices specifically to overturn Roe.She and Collins betrayed the nation’s reproductive rights when they were singularly capable of stopping the slide. They don’t get to play victim now https://t.co/6i7b3g08lN— Alexandria Ocasio-Cortez (@AOC) May 3, 2022
      Rather than showing remorse, progressives are demanding that Collins and Murkowski take action to protect abortion rights.Both Collins and Murkowski have said they support codifying Roe into law, but that proposal does not have the 60 votes necessary to overcome a Senate filibuster. Progressives are now calling on Collins and Murkowski to support a filibuster carveout to enshrine the protections of Roe into law.“To salvage their legacy, Collins and Murkowski must join with Democratic senators to do whatever is necessary to protect Roe in federal law,” said Stephanie Taylor, co-founder of the Progressive Change Campaign Committee. “No meaningful action will happen without a filibuster carveout now.”But Collins and Murkowski have so far given no indication that they would support such a carveout. Unless they do, the court stands ready to overturn nearly 50 years of precedent and erase the national right to abortion access, even though a clear majority of the country would oppose that decision. A CNN poll released earlier this year found that 69% of Americans are against overturning Roe, while just 30% support a reversal.If the court follows through with the draft decision, 26 states are certain or likely to ban abortion. Those bans could force people to travel far from home to reach states where abortion is legal, seek medication illicitly or attempt to terminate a pregnancy through dangerous means. Many pregnant people will also be forced to carry unwanted pregnancies to term.And Collins and Murkowski may have nothing to offer Americans but regret.The Guardian’s Jessica Glenza contributed to this reportTopicsUS supreme courtAbortionLaw (US)US politicsDonald TrumpfeaturesReuse this content More