Staff reports | South Carolina leaders and women’s health groups are reeling from the impact of a leaked U.S. Supreme Court draft opinion that would strike down the landmark Roe v. Wade decision to legalize abortion. The national political magazine Politico, which broke the story about the memo, described the draft opinion as a “full-throated, unflinching repudiation” of Roe.
The memo, later confirmed as authentic by U.S. Supreme Court Chief Justice John Roberts, says justices have already voted to overturn the 1973 decision which guaranteed federal protections of abortion rights and a subsequent 1992 decision — Planned Parenthood v. Casey — which maintained the decision. The 2022 Supreme Court decision would return control of reproductive rights to state leaders. About half of states are poised to make abortion illegal.
U.S. Supreme Court Justice Samuel Alito wrote in the leaked memo, labeled as the Opinion of the Court, that “Roe was egregiously wrong from the start. We hold that Roe and Casey must be overruled.”
On Thursday in Spartanburg, former GOP Vice President Mike Pence said the final opinion, expected by the end of June, would reset the abortion debate..
“We are on the verge of what may be a new era in American history, an era in which all human life once again is cherished and respected,” he said at an event attended by more than 1,000 people at the Carolina Pregnancy Center. “An era in which the great moral questions of our time are decided by the people through their chosen representatives, instead of unelected judges. We are about to enter an era of renewal of the sanctity of life.”
The draft ruling caused shock waves in South Carolina, particularly among women’s rights advocates.
“This is our wake-up call,” S.C. Rep. Spencer Wetmore, D-Charleston, soon after learning about the leaked memo. “Register to vote. Tell your friends. Support candidates that support women. State and local elections matter now more than ever.”
Rep. Gilda Cobb Hunter, an Orangeburg Democrat who is a longtime leader in the House, had a similar reaction: “The leaked draft unfortunately shows how politicized the Supreme Court has become. I hope it serves as a wake-up call to pro-choice women and men across this country that elections have consequences and mobilize voters to turn out like never before in the midterm and 2024 elections.”
Ann Warner, head of the Women’s Rights and Empowerment Network in Columbia, said the organization was outraged over the draft opinion.
“We condemn any decision by the Supreme Court that would threaten the rights to abortion care that have been the law of the land for 50 years,” she said. “Abortion is an essential human right, and it has enormous implications for the health, economic well-being, and freedoms of people in every community in our state and nation.”
More than just abortion
But with reproductive rights being a particularly contentious topic in the last generation, especially in Southern and Midwestern states, the decision could lead to political turmoil, and unintended consequences some say.
“It would deal a devastating blow to reproductive rights and Americans’ fundamental freedom to make their own decisions about their health care and families,” said Democratic National Committee Chairman and S.C. native Jaime Harrison said in a statement. “For decades, the Supreme Court has upheld precedent and protected access to safe, legal abortions, as well as the privacy of a decision made between women and their doctor.”
Harrison alluded to the precedent set by Roe v. Wade which has been used to protect, among other things, Americans’ right to medical privacy, a protection not guaranteed in the U.S. constitution – saying such protections are now at risk.
Meanwhile, Alito wrote, “We emphasize that our 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 decision would come as 26 states are poised to move swiftly to ban abortions, according to a statement from national women’s health organization Planned Parenthood. That would leave 36 million women of reproductive age, and others who can become pregnant, without access to reproductive health care, the organization said.
“This leaked opinion is horrifying and unprecedented, and it confirms our worst fears: that the Supreme Court is prepared to end the constitutional right to abortion by overturning Roe v. Wade,” said Planned Parenthood president and CEO Alexis McGill Johnson. “While we have seen the writing on the wall for decades, it is no less devastating, and comes just as anti-abortion rights groups unveil their ultimate plan to ban abortion nationwide.”
Political turmoil sure to follow
U.S. Sen. Lindsey Graham, R-S.C., released a statement on the leak, not the ruling.
“It’s a sad day for the Supreme Court and a dangerous day for the rule of law,” he said, calling the leak a “radical assault” on democracy. “For over 200 years, the Supreme Court has been able to deliberate and build consensus without its decisions being compromised in this manner. This has been forever changed by this leak.” NPR reported Tuesday that the original Roe decision was also leaked.
U.S. Rep. Nancy Mace, R-Charleston, agreed with Graham.
“What would otherwise be a great day for our country for the lives of the unborn has now been marred by an unprecedented and politically motivated leak, obviously intended to intimidate our Supreme Court Justices,” she said in a statement.
Without proof, Graham went on to blame the leak on “the radical left,” who he said is determined to change the “conservative nature” of the U.S. Supreme Court and bring about a federal takeover of the state election systems.
National polls have shown, however, that reproductive rights remain a bipartisan issue.
Three-quarters of Americans said they wanted to keep Roe v. Wade in place according to a 2018 poll by National Public Radio, PBS NewsHour and Marist Poll.
“Due to extremist Republicans and conservative justices on the Supreme Court, women could lose access to the health care they need and that the overwhelming majority of Americans support,” Harrison said.
Some political figures have said the decision, coming right before midterm elections, could serve to energize Democratic voters and swing even the upcoming national election away from predictions of a Republican blowout.
“Make no mistake: reproductive rights will be on the ballot, and this midterm election is more important now than ever before,” Harrison said. “Voters will make their voices heard, we will fight back with everything we have, and Republicans will have to answer for their party’s relentless attacks on Americans’ rights.”
Abortion still is legal
WREN’s Warner emphasized that abortion is still legal in the Palmetto State.
“In the days ahead, there will be wild speculation and immense anxiety about what this draft decision means for the fate of abortion rights in the United States,” she said. “We want to acknowledge that stress and anxiety are real and fully justified in this moment, especially since we have experienced years of rollbacks on abortion rights.”
She shared these resources for anyone needing help:
- If you need help accessing abortion care, visit abortionfinder.org
- If you need to request financial assistance or practical support (rides, lodging, or escorting), abortions funds can assist you.
- ARC Southeast arc-southeast.org/get-abortion-assistance
- Carolina Abortion Fund www.carolinaabortionfund.org
- Palmetto State Abortion Fund linktr.ee/psabortionfund
Skyler Baldwin, a reporter for the Charleston City Paper, wrote an earlier version of this story . Have a comment? Send to: feedback@statehousereport.com.
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