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News / Politics

Biden reacts to Supreme Court draft opinion appearing to overturn Roe v. Wade

By Eli Stokols, Los Angeles Times
Published: May 3, 2022, 8:01am

WASHINGTON — President Joe Biden expressed deep concern Tuesday about the draft Supreme Court opinion that leaked Monday night and appeared to reveal that a majority of five conservative justices intend to strike down Roe v. Wade, ending nearly 50 years of federally protected abortion rights.

“I believe that a woman’s right to choose is fundamental, Roe has been the law of the land for almost fifty years, and basic fairness and the stability of our law demand that it not be overturned,” Biden said in a statement, although he acknowledged the authenticity of the leaked 90-page draft opinion remained unclear.

Given that the court is controlled by its six conservatives, the prospect of rescinding abortion rights and returning the decision to the states would not come as a surprise.But such a ruling, which is expected to be issued in the next two months, would deliver a cataclysmic shock to the American body politic and potentially spark a political backlash, further civil unrest and a deeper reordering of the lives of millions.

In the short term, Biden and Democrats intend to seize on the apparent overturning of Roe to galvanize voters ahead of the November midterm elections. They are desperate to motivate a base that’s been disappointed by the president’s inability to get much of his agenda through a narrowly divided Congress and to appeal to swing voters given that a solid majority of Americans support maintaining abortion rights.

“If the Court does overturn Roe, 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 said in the statement, noting that Democrats don’t currently have the ability to codify abortion rights in law. “At the federal level, we will need more pro-choice Senators and a pro-choice majority in the House to adopt legislation that codifies Roe, which I will work to pass and sign into law.”

Democrats, who have been far more eager than Republicans to weigh in on the draft opinion so far, are certain to emphasize the importance of retaining their Senate majority to have the ability to confirm future Biden Supreme Court nominees should a second vacancy arise before the end of his term. They’ll also underscore the importance of governorships given that protecting abortion would fall to the states.

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