The Economist May 7th 2022 37
United States
Abortion
The draft seen round the world
I
n the 50 years since the Supreme Court
handed down its decision on Roe v Wade,
the right to an abortion has been deemed a
constitutional guarantee in America. As he
drafted a new decision that would overturn
this precedent, Justice Samuel Alito recog
nised that the verdict would be treated cat
aclysmically. “We do not pretend to know
how our political system or society will re
spond to today’s decision overruling Roe,”
he wrote. “Even if we could foresee what
will happen, we would have no authority to
let that knowledge influence our decision.”
Little could he have known that he—and
the country—would get an unplanned pre
view of the public reaction.
On May 2nd Justice Alito’s draft opinion
was published by Politico, an American
news outlet, more than a month before its
expected release. It was a shocking breach
of the court’s norms of discretion and de
liberation. John Roberts, the chief justice,
confirmed the draft’s authenticity and
swiftly ordered an investigation.
Such opinions are often revised as jus
tices trade drafts and dissents. That caveat
has not stopped glee from Republicans,
who are close to vindication for a decades
long strategy aimed at seizing control of
federal courts and overturning Roe, and re
criminations from Democrats. Chuck
Schumer and Nancy Pelosi, the Democrats’
leaders in Congress, denounced the report
ed Supreme Court votes as an “abomina
tion” and accused the Republicanappoint
ed justices of having “lied to the usSenate,
ripped up the constitution, and defiled
both precedent and the Supreme Court’s
reputation”. President Joe Biden pointed to
the political repercussions. “If the court
does overturn Roe, it will fall on our na
tion’s elected officials at all levels of gov
ernment to protect a woman’s right to
choose. And it will fall on voters to elect
prochoice officials this November.”
If Roewere to be definitively cast aside
next month, as had been widely predicted,
women would be confronted with a maze
of abortion rules depending on their home
state. Republicandominated legislatures
in 13 states have preemptively passed
complete bans on abortion, intended to
come into effect after the Supreme Court
strikes down Roe. Other states, including
Georgia and Ohio, have prepared some
what less draconian restrictions, limiting
abortions to pregnancies shorter than six
weeks (federal courts have until now
blocked these from going into effect).
Women in Democratrun states, mean
while, would experience little change.
Democrats plainly hope that the shock
of such a decision would limit their ex
pected midterm losses. Sean Maloney,
who leads the Democratic Congressional
Campaign Committee, has called abortion
“the central choice in the 2022 election”.
It is true that overturning Roeseems
unpopular. Polling from Gallup shows that
only 32% of Americans favoured striking
down the precedent, compared with 58%
who would have kept it. In other ways,
though, public opinion is ambivalent. Ma
jorities also support restrictions on the
procedure, such as waiting periods and re
quiring ultrasounds to be shown to a wom
an considering an abortion. For decades,
WASHINGTON, DC
How the end of Roe v Wadewill affect American politics
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