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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

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      Biden warns LGBTQ+ children could be next target of Republican ‘Maga crowd’

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      Biden warns LGBTQ+ children could be next target of Republican ‘Maga crowd’President warns of new attacks by Trump-dominated political party after supreme court ruling draft leak on abortion Joe Biden has warned of new attacks on civil rights as the supreme court prepares to strike down the right to abortion, telling reporters at the White House that LGBTQ+ children could be the next targets of a Trump-dominated Republican party he called “this Maga crowd” and “the most extreme political organisation … in recent American history”.Contraception could come under fire next if Roe v Wade is overturnedRead more“What happens,” the president asked, if “a state changes the law saying that children who are LGBTQ can’t be in classrooms with other children? Is that legit under the way the decision is written?”Biden’s remarks, at the end of a brief session on deficit reduction, referred to a leaked draft of a ruling by Justice Samuel Alito. One of six conservatives on the supreme court, Alito was writing on a Mississippi case which aims to overturn both Roe v Wade, the 1973 ruling which guaranteed the right to abortion, and Casey v Planned Parenthood from 1992, which buttressed it.The Mississippi case is expected to be resolved in June. The leak of the draft ruling to Politico, which reported that four other conservatives on the nine-justice court supported it, caused a storm of controversy and anger.In a statement and remarks on Tuesday, Biden condemned Alito’s reasoning and intentions and called for legislation to codify Roe into law.But the president has faced criticism within his own party for seeming reluctant to contemplate reform such legislation would require, namely abolishing the Senate filibuster, the rule that requires 60 votes for most bills to pass.A lifelong Catholic who nonetheless supports a woman’s right to choose, Biden has been eclipsed as a strong voice against the attack on abortion rights by high-profile Democratic women including the Massachusetts senator Elizabeth Warren, who spoke angrily outside the court on Tuesday, and the vice-president, Kamala Harris.Harris’s struggles as vice-president have been widely reported but on Tuesday night, speaking to the Emily’s List advocacy group in Washington, she seemed to hit her stride.The former prosecutor and California senator said: “Those Republican leaders who are trying to weaponise the use of the law against women. Well, we say, ‘How dare they?’“How dare they tell a woman what she can do and cannot do with her own body? How dare they? How dare they try to stop her from determining her own future? How dare they try to deny women their rights and their freedoms?’”She asked: “Which party wants to expand our rights? And which party wants to restrict them? It has never been more clear. Which party wants to lead us forward? And which party wants to push us back? You know, some Republican leaders, they want to take us back to a time before Roe v Wade.”At the White House on Wednesday, Biden took brief questions. He was asked about sanctions on Russia over the invasion of Ukraine and about “the next step on abortion once this case gets settled”.“As I said when this hit, as I was getting on the plane to go down to Alabama, this is about a lot more than abortion,” he said. “I hadn’t read the whole opinion at that time.”The 79-year-old president then gave a lengthy, somewhat rambling answer about “the debate with Robert Bork”. Bork was nominated to the supreme court by Ronald Reagan in 1987. Biden was then chair of the Senate judiciary committee. The nomination failed.US supreme court justices on abortion – what they’ve said and how they’ve votedRead moreAt the White House, Biden said Bork “believed the only reason you had any inherent rights was because the government gave them to you”, a stance with which Biden said he disagreed.Biden also said Bork had opposed Griswold v Connecticut, the 1965 case which established the right to contraception – a right many on the left fear may be left open to rightwing attack once Roe, another case concerning privacy, has been overturned.In her speech the previous night, Harris said: “At its core, Roe recognises the fundamental right to privacy. Think about that for a minute. When the right to privacy is attacked, anyone in our country may face a future where the government can interfere in their personal decisions. Not just women. Anyone.”The vice-president also said: “Let us fight for our country and for the principles upon which it was founded, and let us fight with everything we have got.”TopicsLGBT rightsJoe BidenBiden administrationUS politicsAbortionUS supreme courtnewsReuse this content More

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      Biden condemns efforts of extremist ‘Maga crowd’ to overturn Roe v Wade abortion protections – as it happened

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      US politics liveUS politicsBiden condemns efforts of extremist ‘Maga crowd’ to overturn Roe v Wade abortion protections – as it happened
      Biden: ‘This Maga crowd is really the most extreme political organization that exists in American history’
      How soon could states outlaw abortions if Roe v Wade is overturned?
      Protesters swarm outside US supreme court
      Contraception could come under fire next
      California pledges to protect abortion rights
      What the justices have said and how they’ve voted on abortion
       Updated 1h agoRichard LuscombeWed 4 May 2022 16.09 EDTFirst published on Wed 4 May 2022 09.34 EDT Show key events onlyLive feedShow key events onlyFrom More

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      Here’s how Americans can fight back to protect abortion rights | Rebecca Solnit

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      Here’s how Americans can fight back to protect abortion rightsRebecca SolnitA Democratic majority in both houses of Congress could make abortion a right by law, and it’s worth remembering Mexico, Ireland and Argentina are among the countries that recently did so How do you strip away cherished rights? The best strategy is incrementally and undramatically, a death of a thousand cuts. That’s how Republicans were hacking at voting rights until recently, when the rest of us woke up and began to pay attention to the cumulative impact of voter ID laws, the shuttering of polling places, restrictions on voting by mail, and all the rest. Reproductive rights have been under attack for more than 30 years – by rightwing terrorism against abortion providers all through the 1990s and as recently as 2015 in Colorado Springs, but also by a sort of attrition, narrowing down access by shutting clinics, limiting how many weeks pregnant you can be, and other such measures. Overturning Roe v Wade upends all this stealth and incrementalism. Judging by the reaction, it may be exactly the kind of overstep that leads to a backlash. After all, the great majority of Americans support the right to choose.There are many kinds of actions to take in response to this likely overturning of a fundamental right to bodily self-determination and privacy. (And it’s bitterly amusing that a court that wants to set policies reaching into the uteruses of people across the country apparently feels violated by having its own internal workings exposed with this leaked draft opinion.) Direct support for the poor and unfree people who will be the most affected is already under way – and by unfree I mean those who are under the domination of a hostile partner, family, church or community. People have organized to offer travel to clinics for those far from them, access to abortion pills, and other forms of support. But by backlash I mean and am hoping for the kind of backlash Trump’s election and subsequent outrages provoked, the 2018 election that swept the Squad and many other progressives into office and took back the House of Representatives. A Democratic majority in both houses could make abortion a right by law, and it’s worth remembering that Mexico, Ireland and Argentina are among the countries that recently did so.What is striking this time around in the US both about the rightwing agenda and the response is that it is broad enough to build powerful coalitions. The human rights activism of the 1990s was siloed: though the same voters and politicians might support LGBTQ rights and reproductive rights and racial justice, largely separate campaigns were built around each of them, and the common denominators were seldom articulated.This time around – well, as I wrote when the news broke: “First they came for the reproductive rights (Roe v Wade, 1973) and it doesn’t matter if you don’t have a uterus in its ovulatory years, because then they want to come for the marriage rights of same-sex couples (Obergefell v Hodges, 2015), and then the rights of consenting adults of the same gender to have sex with each other (Lawrence v Texas, 2003), and then for the right to birth control (Griswold v Connecticut, 1965). It doesn’t really matter if they’re coming for you, because they’re coming for us.”“Us” these days means pretty much everyone who’s not a straight white Christian man with rightwing politics. They’re building a broad constituency of opposition, and it is up to us to make that their fatal mistake.It’s all connected. If Texas wasn’t suppressing voting rights so effectively, rightwing politicians might not be running the state. If non-Republican turnout can overcome the restrictions, Texas itself – now leading the attacks on abortion rights and trans rights – could elect Beto O’Rourke governor in November and turn Texas Democratic. O’Rourke tweeted today: “If they want states to decide, then we must elect a governor who will protect a woman’s right to abortion.”The right knows that it represents a minority and a shrinking minority as Americans as a whole become more progressive and as the country becomes increasingly non-white. They have made a desperate gamble – to rule via minority power, for the benefit of the few, which is why voter suppression is so crucial a part of their agenda. It cannot be a winning strategy in the long run. But in the short run it can perpetrate immense damage to too many lives and to the climate itself. The revelations should strengthen our resolve to resist by remembering our power and strengthening our alliances, winning elections, and keeping eyes on the prize.
      Rebecca Solnit is a Guardian US columnist. Her most recent books are Recollections of My Nonexistence and Orwell’s Roses
      TopicsUS politicsOpinionAbortionUS supreme courtLaw (US)Roe v WadeGendercommentReuse this content More

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      'A radical decision': Biden condemns leaked US supreme court opinion on Roe v Wade – video

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      President Joe Biden on Tuesday blasted the ‘radical’ draft opinion suggesting the supreme court may be be poised to overturn the landmark 1973 Roe v Wade case that legalised abortion nationwide, saying it would threaten ‘a whole range of rights’ if it holds. Speaking to reporters before boarding Air Force One, Biden said he hoped the draft would not be finalised by justices, contending it reflects a ‘fundamental shift in American jurisprudence’ that threatens other rights such as privacy and marriage

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      The Guardian view on overturning Roe v Wade: a human rights catastrophe | Editorial

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      The Guardian view on overturning Roe v Wade: a human rights catastropheEditorialAccess to safe abortion is vanishing fast. The US supreme court appears poised to deal it the worst blow yet If the supreme court overturns Roe v Wade, as a leaked draft opinion indicates, it will be a crushing blow to the fundamental right of women in the United States to control their own bodies. It is the grim culmination of a crusade by zealots, against the will of the majority, to risk the health, happiness and lives of women. An accelerating erosion of rights and services has already slashed access to abortions, and many feared that Donald Trump’s judicial legacy would be the curtailment or reversal of the 1973 ruling, which effectively legalised abortion nationally. But this text, obtained by Politico and written by Justice Samuel Alito, looks worse than expected. Excoriating Roe v Wade as “egregiously wrong from the start”, it abandons the issue to states – nearly half of which have, or will soon have, laws banning abortion.Such a decision will force women to give birth in a country with high maternal mortality rates and no national paid maternity leave; it will risk lives as they access illegal abortions; it will threaten to criminalise vulnerable women and those who help them (and even those who have miscarriages); it will push yet more children into poverty. Experts warn that states are likely to pass further restrictions targeting those who travel to obtain abortions, or order medication to manage their abortions at home. These days there are new ways for women to obtain abortions, but also new ways to track them, and those supporting them. Overturning the five-decades-old decision could also help to pave the way for a nationwide abortion ban.Moreover, it throws into doubt other established rights, such as gay marriage, which are similarly rooted in the right to privacy. Though it states that it does not do so – arguing that abortion is a unique issue because it involves the right to life or potential life – that is little reassurance. After all, two of the justices backing this decision were confirmed after describing Roe v Wade as “settled law”.This catastrophic decision, assuming it proceeds, both highlights and solidifies the gulf between different Americas. First, the geographical division between states that ban abortion – home to the majority of women – and those that do not. Second, the socioeconomic and racial divide between those whose wealth and connections will allow them to access abortion, and the rest. Finally, it captures the gulf between American public opinion and the institutions that have been captured by the right because the electoral college, the Senate and supreme court are all skewed in favour of Republicans. A poll in January found that only 30% of voters wanted to see Roe v Wade overturned; 69% were opposed.The move is also strikingly out of step with the rest of the world. With a few exceptions – notably Poland – the trend has been overwhelmingly towards the liberalisation of abortion laws, including in countries such as Chile and Ireland. The UN special rapporteur on the right to health, Dr Tlaleng Mofokeng, has warned that overturning abortion rights would set a dangerous precedent, as well as violate international human rights treaties, including the convention against torture.But this decision, of course, can only be fixed at home. Democrats demand the codification of Roe v Wade, knowing that it would require overturning the filibuster, a Senate procedural rule. Calls for supreme court reform will gain ground, with the introduction of term limits a more straightforward move than expanding the court. Beyond the immediate crisis is the greater challenge of fixing a political system now tilted decisively towards Republicans through the systematic pursuit of power, from gerrymandering to voter suppression to control of elections themselves. The right’s victory is the fruit of an orchestrated campaign over decades; the fightback will demand equal ferocity and commitment. This blow could yet help to create some of the momentum required. November’s midterms will be the first test.TopicsRoe v WadeOpinionAbortionUS supreme courtHealthUS politicsWomeneditorialsReuse this content More

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      ‘It will be chaos’: 26 states in US will ban abortion if supreme court ruling stands

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      ‘It will be chaos’: 26 states in US will ban abortion if supreme court ruling standsRegulation would be returned to states where lawmakers in south and midwest have enacted bans in anticipation of court’s decision More than half of US states will outlaw abortion immediately or as soon as practicable, if a leaked draft decision from five supreme court justices remains substantially unchanged.US states could ban people from traveling for abortions, experts warnRead moreThe result would send hundreds of thousands of people in 26 states hostile to abortion elsewhere to terminate a pregnancy – either by traveling hundreds of miles to an abortion clinic or seeking to self-manage abortion through medication from grassroots or illicit groups.Many would also be forced to carry unwanted pregnancies to term.“Abortion is an essential part of reproductive healthcare, and this is going to affect people, even people who think, ‘I will never have an abortion,’” said Dr Nisha Verma, a Darney-Landy fellow with the American College of Obstetricians and Gynecologists.On Monday, a draft supreme court decision in arguably the most contentious case in generations was leaked. The case considered whether Mississippi could ban abortion at 15 weeks gestation.The ban is highly significant because it strikes at the heart of US constitutional protections for abortion. The landmark 1973 decision Roe v Wade established the right for pregnant people to terminate a pregnancy up to the point a fetus can survive outside the womb, roughly considered 24 weeks gestation, and a legal principle called “viability”.Two maps, one showing the distance under current law of each US county to the nearest abortion provider. The second map shows the increased distances if Roe is overruled and clinics close.The decision invalidated dozens of state bans, and until the court issues a final decision, prevents states from outlawing abortion before viability. A final decision is expected from the court in late June.The leaked decision in the Mississippi case, called Dobbs v Jackson Women’s Health Organization, shows five conservative justices are willing to reverse constitutional protections for abortion on the grounds Roe v Wade was wrongly decided.If the decision is not substantially changed by the time a final opinion is issued, abortion regulation would be returned to the states where lawmakers across the south and midwest of the US have enacted bans in anticipation of the court’s decision.“There’s six months to two years before the dust settles,” said Elizabeth Nash, interim associate director of state issues in the Guttmacher Institute, a reproductive rights research organization. “It will be chaos.”In that time, “there will be a lot of fluctuation as states are trying to implement their bans”, some of which are designed to go into effect immediately after a court decision is issued.Such state bans would probably close abortion clinics for nearly half of US women of reproductive age (41%) and increase the average driving distance to an abortion provider from 35 miles to 279, according to predictions from Professor Caitlin Knowles Mayers, an economist at Middlebury College in Vermont who has studied how the reversal of Roe would affect accessibility of abortion. This would probably reduce the rate of abortions by 20% in states that ban the procedure and increase births by 4% (birth estimates are less certain).“As was the case in the pre-Roe era, many women seeking abortions will find a way to get to the states where abortion is legal,” said Myers. “Current empirical evidence suggests that about three-quarters of women in the states that go dark will manage to make such a trip, reaching providers in soon-to-be “border” states like Florida, Illinois, New Mexico and Virginia.” Myer also works as a consultant to the Center for Reproductive Rights and Planned Parenthood Federation of America, one of the nation’s largest networks of abortion providers.Roughly 860,000 induced abortions are performed each year in the US. However, a disproportionate share of the people who seek abortions are low-income or people of color who already have children, making it more difficult to obtain an abortion.“Current evidence on the causal effects of travel distances indicates that about one-quarter of women seeking abortions will not be able to travel to obtain them and that most of these women end up giving birth as a result,” said Myers. More

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      US shaken to its core by supreme court draft that would overturn Roe v Wade

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      US shaken to its core by supreme court draft that would overturn Roe v Wade Biden condemns abortion opinion that, if handed down, would mean ‘fundamental shift’ in law and imperil many other rights
      US politics – live coverageJoe Biden has warned that a leaked draft supreme court ruling overturning Roe v Wade, the 1973 case which guaranteed the right to abortion, would represent a huge change in America law and could imperil a wide range of other civil rights.As the US supreme court moves to end abortion, is America still a free country? | Moira DoneganRead moreIn a historic moment that shook the US to the core and highlighted jagged social and political divisions, the court confirmed the draft was authentic but said it did not “represent a decision by the court or the final position of any member on the issues in the case”.Biden said the ruling, if handed down, would represent a “fundamental shift in American jurisprudence” and could imperil rights including same-sex marriage and access to contraception.Politico published the draft by justice Samuel Alito on Monday night. The website said the draft was supported by four other rightwingers on a panel conservatives control 6-3.On Tuesday the chief justice, John Roberts, called its leak a “betrayal of the confidences of the court” which could “undermine the integrity of our operations” and promised an investigation.Speaking to reporters, Biden said the draft ruling had ramifications for “all the decisions you make in your private life, who you marry, whether or not you decide to conceive a child, whether or not you can have an abortion and a range of other decisions [including] how you raise your child”.02:52The draft ruling would allow states to declare abortion illegal.Biden asked: “Does this mean that in Florida they can decide to pass a law saying that same-sex marriage is not permissible, [that] it’s against the law in Florida? It’s a fundamental shift in American jurisprudence.”Protesters gathered outside the court and planned demonstrations around the country – both in support of and against abortion rights.At the court, some chanted “Abortion is healthcare” and carried signs reading “Justices get out of my vagina”, “Legal abortion once and for all” and “We won’t go back”. A smaller group chanted “Hey, hey, ho, ho, Roe v Wade has got to go”. Amid tense exchanges, barriers were erected.In a statement, Biden outlined how Democrats might fight back.First, the president said, his administration would argue Roe was based on precedent and “‘the 14th amendment’s concept of personal liberty’… against government interference with intensely personal decisions”.“I believe that a woman’s right to choose is fundamental,” Biden said. “Roe has been the law of the land for almost 50 years, and basic fairness and the stability of our law demand that it not be overturned.”Biden said he had directed advisers to prepare responses “to the continued attack on abortion and reproductive rights, under a variety of possible outcomes”.“We will be ready when any ruling is issued,” he said.Politico said it received a copy of the draft, which also dealt with Planned Parenthood v Casey, a 1992 case, from a person familiar with proceedings in Dobbs v Jackson Women’s Health Organization, a Mississippi case due to be decided this summer.The draft ran to 98 pages including a 31-page appendix of state abortion laws and included 118 footnotes.0Alito wrote: “Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”He added: “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.”As many as 26 states are expected to enact partial or total abortion bans if Roe falls. Some Republican-run states are expected to attempt to make traveling for an abortion illegal. Democratic-run states have indicated moves to protect and help women who seek an abortion.Polling shows clear majority support for abortion access. Christian and conservative groups campaign to end it regardless.If the court overturns Roe, Biden said, “it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose. And it will fall on voters to elect pro-choice officials this November.”Biden promised to sign legislation codifying Roe into law. On Tuesday, the Democratic Senate leader, Chuck Schumer, said: “This is as urgent and real as it gets. We will vote to protect a woman’s right to choose and every American is going to see which side every senator stands.”But legislative success would require reform to the filibuster, a Senate rule which requires 60 votes for most legislation. Moderate Democrats have blocked such moves on issues including voting rights. Biden himself has expressed opposition.Carl Tobias, a law professor at the University of Richmond in Virginia, told the Guardian: “This might not be the final ruling. The justices usually confer after arguments and suggest how they would resolve a case and then the senior justices in the majority and minority work on drafts and circulate them to all members of the court.”He said: “In some cases, especially high-profile and controversial ones … justices do change their positions, as Chief Justice Roberts allegedly did” in a 2012 case in which the Affordable Care Act, popularly known as Obamacare, was upheld.Laurence Tribe, a Harvard law professor, pointed to possible wider implications.“If the Alito opinion savaging Roe and Casey ends up being the opinion of the court,” Tribe wrote, “it will unravel many basic rights beyond abortion and will go further than returning the issue to the states: it will enable a [Republican] Congress to enact a nationwide ban on abortion and contraception.”Other rights that may be at risk if Roe falls include the right to same-sex marriage, determined in Obergefell v Hodges in 2015.Charles Kaiser, a historian of gay life in the US and a Guardian contributor, said Alito’s opinion “blithely disregards past precedents”.“One passage in particular sets off alarm bells for activists who think its reasoning could jeopardize the court’s decisions legalising sodomy and the right of members of the same sex to marry.”In a sharply divided Washington, the supreme court is subject to fierce partisan warfare – particularly since Mitch McConnell, the Republican leader in the Senate, ripped up precedent to deny Barack Obama a third pick in 2016.Republicans confirmed three justices under Donald Trump, including Amy Coney Barrett, a hardline Catholic conservative, just weeks before the 2020 election – a move which ignored McConnell’s own posturing four years before.Biden has overseen the confirmation of Ketanji Brown Jackson, the first Black female justice, but she has not yet replaced the retiring Stephen Breyer, another liberal, in a move that will not change the ideological imbalance.In the aftermath of the Politico story, Democrats pointed to the wider threat posed by the court.Adam Schiff, a California congressman and chair of the House intelligence committee, told the Guardian: “In abandoning decades of precedent, the draft opinion exposes the supreme court as no longer conservative, but now merely a partisan institution bent on imposing its anti-choice views on the rest of the country.“This decision, if made final, will be devastating for the healthcare of millions of women, even as it is destroys any semblance of devotion by the court to the law.”Alexandria Ocasio-Cortez, the New York progressive, said: “[The court] isn’t just coming for abortion – they’re coming for the right to privacy Roe rests on, which includes gay marriage and civil rights.”Abortion to become key fight in US midterms after stunning court leakRead moreRepublicans welcomed the draft ruling and condemned the leak – which the top legal reporter Nina Totenberg called a “bomb at the court”.Josh Hawley, a hardline Missouri senator, called Alito’s draft “tightly argued, and morally powerful” and said of the leak: “The justices mustn’t give in to this attempt to corrupt the process. Stay strong.”Among Republican moderates, Susan Collins of Maine – who under Trump supported the appointments of Neil Gorsuch and Brett Kavanaugh but voted against Barrett – pointed to a possible betrayal.“If this leaked draft opinion is the final decision,” she said, “it would be completely inconsistent with what Justice Gorsuch and Justice Kavanaugh said in their hearings and in our meetings in my office.”Among women’s rights campaigners, condemnation of the Alito draft was strong.Laphonza Butler, president of the advocacy group Emily’s List, said: “It’s past time to vote out every official who stands against the pro-choice majority.”TopicsUS newsAbortionUS supreme courtLaw (US)GenderUS politicsnewsReuse this content More