Abortion Bans Are Imminent

A leaked SCOTUS decision draft suggests the court is planning to overturn Roe v. Wade, permitting states to ban abortion. The response from Democrats should be obvious: skirt the Supreme Court and demand federal legislation codifying the right to abortion.

Protest Held Outside Supreme Court Against Texas Abortion Law

An activist speaks outside the Supreme Court in protest against a Texas abortion law that prohibits the procedure from six weeks into a pregnancy on September 2, 2021 in Washington, DC. (Drew Angerer / Getty Images)


Abortion looks set to be illegal in half the country within weeks. Politico obtained a leaked draft of the upcoming Supreme Court decision in which Justice Samuel Alito argues that the 1973 Roe v. Wade decision found a right to abortion in the constitution that was never there. The decision would overrule both Roe and the 1992 Planned Parenthood v. Casey decision that upheld the abortion rights Roe established.

Demonstrations defending the right to abortion are planned at federal courthouses across the country.

The final decision in Dobbs v. Jackson Women’s Health Organization isn’t expected until June, but if the leaked draft holds, states will be permitted to ban abortion, and at least half are likely to do so. A dozen states already have trigger laws in place that will automatically ban the procedure as soon as the Court allows it. And 58 percent of US women of childbearing age live in states with hostile legislatures.

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