President Biden on Tuesday released a lengthy statement in response to the leak of a draft opinion that suggests the U.S. Supreme Court is poised to overturn Roe v. Wade, the landmark 1973 decision that legalized abortion nationwide.
On Monday night, Politico published the draft of a majority opinion written by Justice Samuel Alito in which he states that “Roe was egregiously wrong from the start.”
“We hold that Roe and Casey must be overruled,” Alito writes, referencing the 1992 Planned Parenthood v. Casey case that reaffirmed Roe. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
“We do not know whether this draft is genuine, or whether it reflects the final decision of the Court,” Biden said in his statement. “With that critical caveat, I want to be clear on three points about the cases before the Supreme Court.
“First, my administration argued strongly before the Court in defense of Roe v. Wade,” Biden continued. “We said that Roe is based on ‘a long line of precedent recognizing ‘the Fourteenth Amendment’s concept of personal liberty’… against government interference with intensely personal decisions.’ 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.
“Second, shortly after the enactment of Texas law SB 8 and other laws restricting women’s reproductive rights, I directed my Gender Policy Council and White House Counsel’s Office to prepare options for an Administration response to the continued attack on abortion and reproductive rights, under a variety of possible outcomes in the cases pending before the Supreme Court. We will be ready when any ruling is issued.
“Third, 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. 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.”
BY PNW STAFF MAY 03, 2022
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