On May 2, 2022, a draft opinion by the Supreme Court that would overturn Roe v Wade’s landmark case was leaked.

The first report of this draft opinion leak came from Politico (a political journalism company that reports on politics and policy in the United States and internationally) at approximately 8:32 pm.

Since the leak people across the country have become outraged.

Some believe that this leak is a breach of Supreme Court privacy, while others think that this is a direct attack on women’s rights.

History

Roe v Wade was a Supreme Court decision made in 1973; according to the Legal Information Institute, Roe v Wade is “the Supreme Court case that held that the Constitution protected a woman’s right to an abortion prior to the viability of the fetus.”

It was brought to the court by a Texas woman named Jane Roe, who challenged the constitutionality of the Texas criminal abortion laws.

These laws forbade procuring or attempting an abortion except on medical advice for the purpose of saving the mother’s life.

Roe claimed that the Texas statutes were unconstitutionally vague and infringed on her right to privacy, guaranteed by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. 

In her complaint, Roe said that she was suing “on behalf of herself and all other women” in a similar situation.

In 1973, the Supre Court voted 7-2 to prove these rights were protected under the US Constitution.

Current Situations

Since 2021, states have passed new laws that ban abortions either altogether or place additional restrictions.

For example, on September 1, 2021, Texas enacted the Texas Heartbeat Act which bans all abortions after six weeks.

After the leak, Senator Chuck Schumer quickly pushed for the Senate to pass a law that protected a women’s right to choose, so on May 11, 2022, the Senate voted. 

The vote resulted in a 49-51, the majority being Nays.

When questioned about the bill, Senate Minority Leader Mitch McConnell said the bill was”extreme and radical.”

He also said “It ignores modern science. It is tone-deaf to public opinion.

Nothing about their bill merely codifies the current case law on this issue. Their extreme proposal goes way, way beyond codifying the status quo.”

This does not mean that women will lose rights it just means as of now there are no backup protections in place after the Supreme Court decision is overturned.

After this vote Vice President, Kamala Harris was approached by reporters and questioned on her thoughts about the leak.

Harris said, “The right to privacy that forms the basis of Roe is the same right to privacy that protects the right to use contraception and the right to marry the person you love, including a person of the same sex. 

Overturning Roe opens the door to restricting those rights.” 

Currently Roe. v Wade is still in place and until it is officially overturned abortions are still legal.

Aftermath

Since the draft opinion leaked, women across America have felt it is their duty to draw attention to this issue.

Loretto junior, Anette Valdes said, “The possible overturning of Roe V. Wade is a complete step backward into what the Constitution of the United States was built on.

Twenty-six states are expected to ban or restrict access to abortion if Roe v. Wade is overturned, therefore minimizing a constitutional right for women all over the country. 

Ignorance is rampant and education is necessary to understand how this possible situation would affect the lives of millions of women without the human right to bodily autonomy.” 

On Saturday, May 14, 2022, protesters gathered in downtown El Paso to hold an Abortion Advocacy Rally.

Men and women alike gathered in San Jacinto Plaza voicing their opinions for all to hear.

Many had posters with slogans including some that said, “Bans Off Our Bodies,” “My Uterus My Decision,” and “My Body My Choice.”

Freshman, Mia Moreno, who attended the rally said “I really loved how positive everyone was, and they were all very kind. 

You could tell that this was a really important matter for a lot of the people there, who weren’t just women. 

Pro-choice isn’t just about choice, but about the health of many women. 

If we take away abortion rights, it’s not going to stop some people from getting abortions, it’ll make safe abortions hard to obtain.

As the American people wait for the final decision, some wait hopefully while others are worried about the protection of their bodies.

The final decision is expected to be released sometime during June.