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  5. Live updates: Leaked draft appears to show SCOTUS is set to overturn Roe v. Wade

Live updates: Leaked draft appears to show SCOTUS is set to overturn Roe v. Wade

Live updates: Leaked draft appears to show SCOTUS is set to overturn Roe v. Wade
The U.S. Supreme Court building is seen at sunset in Washington on Thursday, Dec. 2, 2021.Bill Clark/CQ-Roll Call, Inc via Getty Images
  • A leaked draft opinion shows the Supreme Court is poised to overturn Roe v. Wade.
  • State Democrats have vowed to fight for abortion rights, while Biden urged people to vote for more pro-choice politicians.

Democrats are worried that same-sex marriage and civil rights could be targeted next after SCOTUS leak

Democrats are worried that same-sex marriage and civil rights could be targeted next after SCOTUS leak
Alexandria Ocasio-Cortez seen at Jacobi Hospital in the Morris Park neighborhood on June 03, 2021 in the Bronx borough of New York City.      Michael M. Santiago/Getty Images

Democratic lawmakers are concerned that same-sex marriage and civil rights could be undone next in the wake of a leaked draft opinion showing the Supreme Court is set to overturn abortion rights.

The Supreme Court "isn't just coming for abortion - they're coming for the right to privacy Roe rests on, which includes gay marriage + civil rights," Rep. Alexandria Ocasio-Cortez tweeted on Monday.

Legal scholar Laurence Tribe wrote on Twitter that next steps may include a "nationwide abortion ban, followed by a push to roll back rights to contraception, same-sex marriage, sexual privacy, and the full array of textually unenumerated rights long taken for granted."


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Biden says it's up to 'voters to elect pro-choice officials' after leaked SCOTUS draft opinion

Biden says it
Biden at former Vice President Walter Mondale’s memorial service in Minneapolis, Minnesota, on May 1, 2022.      Nicholas Kamm / AFP via Getty Images

President Joe Biden urged voters to elect pro-choice lawmakers in the wake of a leaked draft opinion seemingly suggesting that the Supreme Court would overturn Roe v. Wade.

"We do not know whether this draft is genuine, or whether it reflects the final decision of the Court," Biden said in a Tuesday statement.

"If the Court does overturn Roe, it will fall on our nation's elected officials at all levels of government to protect a woman's right to choose," the president added. "And it will fall on voters to elect pro-choice officials this November."


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SCOTUS leaked draft opinion is unprecedented, but details about Court deliberations have been made public before

SCOTUS leaked draft opinion is unprecedented, but details about Court deliberations have been made public before
Caroline McDonald, left, a student at Georgetown University, Lauren Morrissey, with Catholics for Choice, and Pamela Huber, of Washington, join a pro-choice rally outside the Supreme Court, Monday, Nov. 1, 2021, as arguments are set to begin about abortion by the court, on Capitol Hill in Washington.      AP Photo/Jacquelyn Martin

The leaked draft opinion seemingly showing that the Supreme Court is poised to overturn Roe v. Wade is certainly unprecedented.

An entire draft opinion has never been leaked like this before.

But details about justices' deliberations have been made public before — for example a 1972 memo about Roe that was leaked to the Washington Post before it became public.


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Democrats want to 'codify Roe,' but it's unlikely to succeed

Democrats want to
Senate Majority Leader Chuck Schumer discusses efforts to codify Roe v. Wade into law this past February.      Win McNamee/Getty Images

In the wake of the leaked draft Supreme Court opinion, Democrats have quickly organized to codify Roe v. Wade and make it a law.

One thing stopping Democrats' efforts, however, is the Senate filibuster.

Democrats are currently focusing on the Women's Health Protection Act as a way to protect women's' federal right to abortion.


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A constitutional amendment protecting abortion rights is nearly impossible to get through

A constitutional amendment protecting abortion rights is nearly impossible to get through
The First Printing of the Final Text of the United States Constitution is on display during a press preview at Sotheby's on September 17, 2021 in New York City.      Photo by Alexi Rosenfeld/Getty Images

Amending the Constitution is extremely difficult and rare. An amendment protecting abortion rights is nearly impossible.

Abortion rights amendments have previously been proposed by both supporters and opponents.

In the 233-year-long lifespan of the Constitution, it has only been amended 27 times — most recently in 1992 — and would require massive support in Congress and among states.


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Legal experts are shocked the drafted decision leaked

Legal experts are shocked the drafted decision leaked
Seated from left: Samuel Alito, Clarence Thomas, John Roberts, Stephen Breyer and Sonia Sotomayor, Standing from left: Brett Kavanaugh, Elena Kagan, Neil Gorsuch and Amy Coney Barrett.      Erin Schaff-Pool/Getty Images

Legal experts have expressed shock at the fact that a draft opinion from the Supreme Court was leaked to Politico.

"The fact that it leaked is, to me, the most surprising thing," Harvard Law School professor I. Glenn Cohen told Insider.

Mark Kende, a law professor at Drake University, told Insider that it's "highly disturbing that the opinion was improperly leaked in an unprecedented way, presumably by someone at the Court."


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Top Democrats slam SCOTUS justices for 'one of the worst' decisions in history

Top Democrats slam SCOTUS justices for
Senate Minority Leader Chuck Schumer and House Speaker Designate Nancy Pelosi.      AP Photo/J. Scott Applewhite

House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer slammed the potential Supreme Court ruling as "one of the worst and most damaging decisions in modern history."

Their remarks came in response to a leaked draft opinion published by Politico that appears to show the Supreme Court is set to overturn the landmark Roe v. Wade case.

"If the report is accurate, the Supreme Court is poised to inflict the greatest restriction of rights in the past fifty years – not just on women but on all Americans," Pelosi and Schumer said in a joint statement.


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Protesters in support of Roe v. Wade gathered outside Supreme Court

Protesters in support of Roe v. Wade gathered outside Supreme Court
Pro-choice and anti-abortion activist rally outside of the U.S. Supreme Court on May 02, 2022 in Washington, DC. In an initial draft majority opinion obtained by Politico, Supreme Court Justice Samuel Alito allegedly wrote that the cases Roe v. Wade and Planned Parenthood of Southeastern v. Casey should be overruled, which would end federal protection of abortion rights across the country.      Kevin Dietsch/Getty Images

Hundreds of protestors gathered outside the Supreme Court in Washington, DC, late on Monday night after Politico published a leaked draft opinion suggesting that Roe v. Wade was poised to be overturned.

"I got down here early, right, cause I got home from a long day kicked off shoes my shoes, opened Twitter, saw that Roe v. Wade was trending to be overturned, put my shoes back on, and came right back from east of the river," Rev. Wendy Hamilton, a Democratic congressional candidate from DC, told Insider.


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Leaked draft opinion shows SCOTUS set to overturn Roe v. Wade

Leaked draft opinion shows SCOTUS set to overturn Roe v. Wade
The U.S. Supreme Court building is seen at sunset in Washington on Thursday, Dec. 2, 2021.      Bill Clark/CQ-Roll Call, Inc via Getty Images

A leaked draft opinion obtained by Politico appears to show that the Supreme Court is poised to overturn the 1973 landmark Roe v. Wade ruling that granted women the constitutional right to an abortion.

Politico late Monday published the 98-page initial draft majority opinion, purportedly authored by Justice Samuel Alito who said Roe was "egregiously wrong from the start."

"We hold that Roe and Casey must be overruled," the draft opinion says, labeled as the "Opinion of the Court," according to the report.

The decision — if finalized — would mark a momentous shift in constitutional rights. Over a dozen GOP states have laws that would immediately restrict abortion access if Roe v. Wade is overturned.


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