Simmering fight over abortion rights lays bare divide in US, adds fuel to political polarization

Xinhua | Updated: 2022-05-08 07:13
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Protesters gather outside the US Supreme Court following the leak of a draft opinion on abortion rights in Washington, D.C., the United States, on May 6, 2022. [Photo/Xinhua]

*Supporters of abortion rights have taken to the streets to express anguish and anger in widespread demonstrations, while individuals and groups against the practice have also been vocal about their views, with rancorous battles taking shape between Democrats and Republicans.

*Dozens of pro-choice activists stood against the fence on Friday afternoon, holding posters and chanting slogans amid rain showers, with no presence of anti-abortion advocates.

*Analysts predicted abortion would become a key topic in the 2022 US midterm elections in November. In addition, the draft's language has sparked concern that the Supreme Court could reconsider and even reverse other established rights in the nation.

WASHINGTO -- A bombshell leak from the Supreme Court -- a draft majority opinion suggesting an overturn of a landmark decision that guarantees abortion rights -- is shaking the United States, as heated debates over the issue, which has long been contentious, are polarizing the nation.

Supporters of abortion rights have taken to the streets to express anguish and anger in widespread demonstrations, while individuals and groups against the practice have also been vocal about their views, with rancorous battles taking shape between Democrats and Republicans.

The fight over abortion rights has laid bare the deep-seated divide in the United States, poised to add fuel to its political polarization and have far-reaching consequences.

"Unprecedented" leak

The Supreme Court has voted to strike down Roe v. Wade, the 1973 decision establishing a constitutional right to abortion in the United States, according to an initial draft majority opinion written by Justice Samuel Alito circulated inside the court and obtained by Politico, which published the internal document on Monday night.

The draft opinion "is a full-throated, unflinching repudiation of" Roe v. Wade and a subsequent 1992 decision -- Planned Parenthood v. Casey -- that largely maintained the right, Politico wrote in the scoop.

"Roe was egregiously wrong from the start," Alito argued in the draft labeled as the "Opinion of the Court." "We hold that Roe and Casey must be overruled ... It is time to heed the Constitution and return the issue of abortion to the people's elected representatives."

The Supreme Court confirmed the authenticity of the draft on Tuesday but underlined that "it does not represent a decision by the Court or the final position of any member on the issues in the case." Justices circulate draft opinions internally as a routine and essential part of the Supreme Court's confidential deliberative work.

Jonathan Peters, a media law professor at the University of Georgia, tweeted that the US Supreme Court -- the highest court in the federal judiciary -- "has kept its secrets and has kept confidential its internal processes and deliberations," adding that "leaking a full draft majority opinion does seem to be unprecedented" though leaking in general is not unprecedented "but still very rare."

Chief Justice John Roberts denounced the leak, saying that he had directed the court's marshal to launch an investigation. "To the extent this betrayal of the confidences of the Court was intended to undermine the integrity of our operations, it will not succeed," Roberts said in a statement. "The work of the Court will not be affected in any way."

The leak came as the Supreme Court was considering Dobbs v. Jackson Women's Health Organization, an appeal case that involves a Mississippi law banning all abortions over 15 weeks gestational age except in certain circumstances. A ruling is expected by the end of the court's term in late June or early July.

The justices could change their votes in the days or weeks leading up to the decision's release. But Neal Katyal, former acting US solicitor general, pointed out that "the tentative vote seems strong" and Roberts, considered the court's swing vote, is "irrelevant" if five other conservatives, including Alito "hold with their tentative votes."

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