Hillary Clinton attacked the Supreme Court’s decision to overturn abortion rights on Friday, saying it was step backwards for human rights and an opinion that would ‘live in infamy.’
The court’s 6-3 decision – made along ideological lines – immediately divided the nation.
Republicans quickly hailed the outcome as a victory while Clinton and Barack Obama led Democrats in attacking the conservative majority’s ruling.
‘Most Americans believe the decision to have a child is one of the most sacred decisions there is, and that such decisions should remain between patients and their doctors,’ tweeted Clinton.
‘Today’s Supreme Court opinion will live in infamy as a step backward for women’s rights and human rights.’
Obama described it as an attack on citizens’ freedoms.
‘Today, the Supreme Court not only reversed nearly 50 years of precedent, it relegated the most intensely personal decision someone can make to the whims of politicians and ideologues—attacking the essential freedoms of millions of Americans,’ the former president said in a thread of tweets.
‘Across the country, states have already passed bills restricting choice.’
He offered activists a string of ways to get involved in fighting the decision.
‘For more than a month, we’ve known this day was coming—but that doesn’t make it any less devastating,’ Obama added.
The Supreme Court ruled 6-3 along ideological lines to overturn Roe v Wade, with an opinion that said there was no Constitutional right to an abortion. That set off a wave of reaction from left and right
Democrats and Republicans quickly divided in their responses to the Supreme Court ruling on Friday morning
Republican and Democratic lawmakers immediately weighed in after the long-awaited Supreme Court decision.
The text, written by conservative Justice Samuel Alito struck closely to a leaked draft, which said the outcome of Roe v Wade was ‘egregiously wrong.’
‘The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives,’ the decision said.
House Speaker Nancy Pelosi called the decision ‘Trumpian’ and said the conservative majority on the court had ‘accomplished their dark and extreme goal’ of overturning Roe v. Wade.
Meanwhile, Republicans lauded the decision.
Senate minority leader Mitch McConnell said: ‘Millions of Americans have spent half a century praying, marching, and working toward today’s historic victories for the rule of law and for innocent life.
‘I have been proud to stand with them throughout our long journey and I share their joy today.’
A string of Republican states immediately said trigger laws banning abortion had gone into effect.
Louisiana Attorney General Jeff Landry said: ‘As noted in both my legal brief to the Supreme Court and the majority’s opinion: the Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.’
Tensions over the future of abortion rights in the country have been running high since a draft opinion of the decision was leaked – and showed that the court’s conservative majority was poised to push the decision on whether abortion was legal back to the states.
The conservative majority made good on what the draft said, with liberal justices Sonia Sotomayor, Elena Kagan and Stephen Breyer dissenting. Chief Justice John Roberts concurred. Conservative Justices Brett Kavanaugh and Clarence Thomas also filed concurring opinion.
‘Guided by the history and tradition that map the essential components of the Nation’s concept of ordered liberty, the Court finds the Fourteenth Amendment clearly does not protect the right to an abortion,’ Alito wrote.
The decision reflects the stunning change in the court’s direction after Donald Trump’s four-year term. The court switched from a 5-4 majority where Roberts was often the swing vote, to a 6-3 conservative court with the addition of Justice Amy Coney Barrett, who was confirmed by the GOP Senate following the death of Justice Ruth Bader Ginsburg.
Senate Republicans blocked President Barack Obama’s nomination of Merrick Garland to fill the seat of the Antonin Scalia following the justice’s death.
The opinion rejected the notion that stare decisis, or settled law, locked in the decades-old ruling, even after recent court nominees all stated a commitment to the concept.
‘The doctrine of stare decisis does not counsel continued acceptance of Roe and Casey,’ the majority argued, adding: ‘But stare decisis is not an inexorable command,’ it said.
Tensions over the future of abortion rights in the country have been running high since a draft opinion of Dobbs was leaked – and showed that the high court’s conservative majority was poised to push whether abortion was legal back to the states
There are 18 states that have near-total bans on their books, while four more have time-limit band and four others are likely to pass new bans if Roe is overturned
Security fences and a ‘police line do not cross’ sign are outside the Supreme Court Friday morning, as more decisions – including Dobbs – are expected to come out mid-morning
An anti-abortion protester stands in front of the Jackson Women’s Health Organization in Jackson, Mississippi, which challenged the state’s 15-week abortion ban
The conservative justices likened Roe to Plessy v. Ferguson, which upheld racial segregation as ‘separate but equal.’
‘Like the infamous decision in Plessy v. Ferguson, Roe was also egregiously wrong and on a collision course with the Constitution from the day it was decided,’ the ruling said.
‘Casey perpetuated its errors, calling both sides of the national controversy to resolve their debate, but in doing so, Casey necessarily declared a winning side,’ it continued. ‘Those on the losing side – those who sought to advance the State’s interest in fetal life – could no longer seek to persuade their elected representatives to adopt policies consistent with their views.’
‘The Court short-circuited the democratic process by closing it to the large number of Americans who disagreed with Roe,’ the ruling added.
The blistering language pointed to the array of state laws that outright banned abortion during the 19th century, and accused the high court of acting like a legislature to sort through in which circumstances abortion would be allowed.
The decision also savages the Planned Parenthood v. Casey ruling, which preserved abortion rights with its prohibition on laws that impose an ‘undue burden’ on the mother. ‘The decision provided no clear guidance about the difference between a ‘due’ and an ‘undue’ burden. But the three Justices who authored the controlling opinion ‘call[ed] the contending sides of a national controversy to end their national division’ by treating the Court’s decision as the final settlement of the question of the constitutional right to abortion,’ Alito wrote.
Alito wrote: ‘Roe’s failure even to note the overwhelming consensus of state laws in effect in 1868 is striking, and what it said about the common law was simply wrong. Then, after surveying history, the opinion spent many paragraphs conducting the sort of fact finding that might be undertaken by a legislative committee, and did not explain why the sources on which it relied shed light on the meaning of the Constitution.’
One line in the opinion addressed arguments by the government and critics including President Joe Biden that a ruling striking down Roe’s privacy right could threaten other rights – from birth control to gay marriage.
The opinion states that this is not so. ‘The Solicitor General suggests that overruling Roe and Casey would threaten the protection of other rights under the Due Process Clause. The Court emphasizes that this decision concerns the constitutional right to abortion and no other right. Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.’
The ruling gives a green light to state efforts to restrict abortions, which has already been underway during a decades-long effort, particularly in Republican-run states. But Alito writes that women are not powerless to try to stop the effort using political power (which they lacked before the 19th Amendment came into effect with an array of abortion restrictions on the books).
‘Our decision returns the issue of abortion to those legislative bodies, and it allows women on both sides of the abortion issue to seek to affect the legislative process by influencing public opinion, lobbying legislators, voting, and running for office,’ he writes. ‘Women are not without electoral or political power. It is noteworthy that the percentage of women who register to vote and cast ballots is consistently higher than the percentage of men who do so,’ according to the opinion.
In a signal that the Biden administration was at least preparing for bad news, Vice President Kamala Harris convened seven state attorneys general at the White House Thursday to discuss strategies to combat any such ruling.
‘I have asked these attorneys general to meet with us knowing that they have a pivotal role to play in defending women’s reproductive freedom and their rights to make decisions about their own body,’ Harris said at the top of the meeting.
She said the attorneys general may have to challenge any Supreme Court ruling.
‘As reproductive rights are being restricted around our country and potentially by the Supreme Court soon I think we believe and we’ve started prelimianry discussions about how Attorneys General have the power, may have the power at the very least, to issue guidance to ensure that the people of their state know their rights, that they have the power to assess and potentially challenged the constitutionality of laws that are being passed in their states,’ she said.
Harris has taken the lead for President Joe Biden’s administration on defending abortion and reproductive rights.
If the Court does strike down Roe, the administration will be forced to rely on law enforcement, potential executive actions, and other measures to try to ensure access to abortion rights in states that have been whittling away at the practice for years.
White House press secretary Karine Jean-Pierre said the administration would also push Congress to codify Roe into law.
‘If this happens, one of the things that I can say right now that we will do is call on Congress to restore Roe,’ she said during an interview on ABC’s The View.
Even with Democratic control of Congress it is unlikely an abortion-rights law would pass the 50-50 Senate, where any legislation needs the support of at least 10 Republican senators to move forward in the legislative process.
Vice President Kamala Harris met with state attorney generals on Thursday to talk defense should the Supreme Court overturn Roe v. Wade, the landmark case that made abortion legal in this country
‘I have asked these attorneys general to meet with us knowing that they have a pivotal role to play in defending women’s reproductive freedom,’ Vice President Harris said
The meeting with Harris was attended by the attorneys general of Wisconsin, Nevada, Illinois, California, Delaware, New York and Washington state.
State attorney generals will likely be the front line of defense should abortion be outlawed.
They are the top legal officers in their states and could bring additional lawsuits regarding reproductive rights.
Biden is a lifelong Catholic who was opposed to Roe in the early days of his career and has only later come to embrace abortion rights.
He was critical of the leaked draft opinion.
Protesters on both sides of the contentious issue have been gathering outside the court daily during the final days of the court’s term, which usually ends in late June.
The building is surrounded by a tall fence that went up after the draft leaked last month.
The political debate on abortion reignited last month when Politico published a draft majority opinion that showed Roe v. Wade being struck down. In it, conservative Justice Samuel Alito writes: ‘Roe was egregiously wrong from the start’ and must be overturned.
If judges haven’t switched their positions since Alito authored the draft, it would result in the overturning of the landmark 1973 Roe v. Wade decision which provides for abortion rights.
Currently, there are 18 states that have near-total bans on abortion already on the books.
They are Alabama, Arizona, Arkansas, Idaho, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin and Wyoming.
On the other side of the spectrum, 16 states and the District of Columbia have laws that protect a person’s right to an abortion.
With public attention focusing on the court, where conservatives hold a 6-3 majority, Congress passed legislation to provide security protection to justices, after an armed man was arrested outside Justice Brett Kavanaugh’s home.
On Thursday, the court stuck down a New York law that required ‘proper-cause’ to carry a concelaed weapon, a ruling that could result in an increase in the number of guns in public places. It also ruled law enforcement officers can´t be sued when they violate the rights of criminal suspects by failing to provide the familiar Miranda warning before questioning them.
Fencing has gone up around the Supreme Court and the justices have faced increased threats