When Politico broke the news that a draft Supreme Court opinion says the court will completely axe Roe v Wade, it sparked a firestorm that is still spreading–and accentuating 21st century America’s already ugly polarization.
The bulk of outrage was from leftists and centrists outraged by the court poised to shove the U.S. back into the 20th century on women’s rights and by Trump-appointed justices telling members of Congress and testifying that they considered Roe v Wade the law of the land. The bulk of outrage on the right was from the fact that Samuel Alito’s draft opinion was leaked by someone to Politico — and the leak was an extraordinary breach.
According to The Atlantic’s Adam Serwer if the draft opinion is accepted by the full court it’d roll back key advances of the 20th century. Indeed, the slogan might be “Party like it’s the 20th century.” The New York Times’ conservative columnist Brett Stephen’s said overturning Roe v Wade is a “radical” not conservative move.
All this comes as a Washington Post-ABC News poll conducted last week found overwhelming support for leaving Roe v Wade alone. “With the Supreme Court poised to overturn the right to abortion, the survey finds that 54 percent of Americans think the 1973 Roe decision should be upheld while 28 percent believe it should be overturned — a roughly 2-to-1 margin,” the Washington Post reports.
The controversy is akin to a vacuum bomb sucking up oxygen: news reports and social media are crammed with reaction to and stories about the likely Supreme Court decision. Even the Russia-Ukranian War is getting less coverage. Some notable tidbits:
A roundup of some reaction:
Maine Sen. Susan Collins (R) came under intense social media ridicule and fire after having insisted two Republican Supreme Court nominees she talked to would honor the Roe v Wade precedent. She issued a statement:
Sen. Susan Collins (R-Maine) said on Tuesday that a leaked Supreme Court draft ruling was “completely inconsistent” with what Justices Brett Kavanaugh and Neil Gorsuch told her during their private conversations as Supreme Court nominees.
“If this leaked draft opinion is the final decision and this reporting is accurate, it would be completely inconsistent with what Justice Gorsuch and Justice Kavanaugh said in their hearings and in our meetings in my office,” Collins said in a statement.
“Obviously, we won’t know each Justice’s decision and reasoning until the Supreme Court officially announces its opinion in this case,” she added.
Massachusetts Democratic senator Elizabeth Warren was enraged:
CNN’s Chris Cillizza believes the ruling is one that could change the mid-terms:
The Supreme Court’s looming decision on Roe v. Wade is one of those external factors that does have the ability to fundamentally alter how the parties — and their bases — see the coming election.
Sensing that, Democrats immediately began to cast the 2022 midterms as a straight referendum on the decision.
“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,” Biden said in a statement Tuesday. “And it will fall on voters to elect pro-choice officials this November.”
“Republicans just gutted Roe v Wade, the Constitution’s guarantee of reproductive freedom, and will ban abortion in all 50 states, if they take over Congress,” tweeted New York Rep. Sean Patrick Maloney, who runs the Democrats’ House campaign arm. “Only Democrats will protect our freedoms. That is now the central choice in the 2022 election.”
“Women are going to go to vote in numbers we have never seen before,” Minnesota Sen. Amy Klobuchar said on CBS. “If they want to protect their fundamental rights to reproductive choice or their fundamental rights to anything, they had better go vote in the fall.”
And Vermont Sen. Bernie Sanders suggested the draft ruling required Congress to act immediately. “Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW,” he tweeted. “And if there aren’t 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.”
Polling suggests that the issue could absolutely be a galvanizing one — for Democrats and even independents.
In a January CNN poll, almost 7 in 10 Americans (69%) said they opposed the Supreme Court overturning Roe. That includes 86% of Democrats and 72% of independents.More than 1 in 3 said they would be “angry” if the court overturned the decision, while another quarter said the decision would leave them “dissatisfied.” Just 14% said the decision would make them “happy.” Among Democrats, a majority — 51% — said the decision would make them “angry” while 29% of Republicans said it would make them “happy.”
Simply put: There are very few issues that can make a claim to upend or fundamentally alter the trajectory of an election. But overturning Roe may well be one of them.
#Alito, in tone and content, wants to pour as much gasoline on the fire as he can. The spirit is not judicial or judicious. It’s vicious and as divisive as possible. It’s a disaster for the court and for the country.
— howardfineman (@howardfineman) May 3, 2022
My strong suspicion is that few @GOP strategists were privately hoping for the COMPLETE reversal of Roe v. Wade by SCOTUS, which could galvanize women and, particularly, young voters who seemed inclined to sit out this fall's midterm elections.
— David Axelrod (@davidaxelrod) May 3, 2022
The gender of Disney characters is an invented cultural war with no consequences. The banning of abortion is a real culture war with profound consequences. Republicans who wanted an election about cultural wars, looks like their wish came true.
— stuart stevens (@stuartpstevens) May 3, 2022
I'd like to see every media organization agree to mention the president who appointed each justice (and lower court judges too) EVERY TIME they cite a justice or judge. Because a large majority of them are open or hidden partisans. The age of "apolitical" judges is long over.
— Larry Sabato (@LarrySabato) May 3, 2022
If the majority Republican justices stay the course, this decision will go down as one of the most supremely political acts in Supreme Court history.
— Sheldon Whitehouse (@SenWhitehouse) May 3, 2022
It is no coincidence that the same people who overturn Roe also prevent voting rights and encourage partisan gerrymandering. They fear the will of the majority. In other words, democracy.
— Dan Rather (@DanRather) May 3, 2022
Watch and share. https://t.co/uYRMsCq9ej
— Kim Mangone (@KimMangone) May 4, 2022
Tonight its worth acknowledging what a disgrace Susan Collins is. This is her legacy.
— Joe Lockhart (@joelockhart) May 3, 2022
RJ Matson, CQ Roll Call #RoeVsWade pic.twitter.com/eJCnakFR0b
— Editorial & Political Cartoons (@EandPCartoons) May 3, 2022
BREAKING: Canada says it would allow American women to go to the country for an abortion if Roe v Wade is overturned
— PoliticsVideoChannel (@politvidchannel) May 3, 2022
Sooo…it appears the Supreme Court believes their opinions have a fundamental right to privacy…
— Jon Stewart (@jonstewart) May 3, 2022
The right to choose is a woman’s right and a woman’s right alone. Every woman in Canada has a right to a safe and legal abortion. We’ll never back down from protecting and promoting women’s rights in Canada and around the world.
— Justin Trudeau (@JustinTrudeau) May 3, 2022
MURKOWKSI on if she felt that SCOTUS nominees misled her during the confirmation process: "My confidence in the court has been rocked. "
— Frank Thorp V (@frankthorp) May 3, 2022
Is Brown v. Board of Education settled law in America?
— Vincent Evans (@VinceEvans) May 3, 2022
Kevin Siers (2021) @KevinSiers #RoeVsWade pic.twitter.com/OzWxNGHaGf
— Editorial & Political Cartoons (@EandPCartoons) May 3, 2022
Republicans focusing on the leak. Democrats focusing on the ruling.
Pretty damn telling.
— Joe Walsh (@WalshFreedom) May 3, 2022
My best friend is a gay man.
He called me this AM asking, “How can the Supreme Court do this? I thought established law meant they couldn’t go back and overturn things that had already been decided. Does this mean we have to be worried the rest of our lives?”
Good question.
— Ana Navarro-Cárdenas (@ananavarro) May 3, 2022
I do. But I also think that Roe was a terrible decision. And I think that overruling Roe after 49 years would be a terrible decision. https://t.co/oNDa09Er0m
— George Conway?? (@gtconway3d) May 3, 2022
The Supreme Court won’t force you to wear a mask in a pandemic — but it’ll force you to bear a child.
— Tristan Snell (@TristanSnell) May 3, 2022
This is an earthquake — for what it portends for the future not only of Roe, but of *all* implied fundamental rights, and for the stunning breach of the Court’s norms of confidentiality.
And whatever you think of the leak, the former has *everything* to do with the latter.
— Steve Vladeck (@steve_vladeck) May 3, 2022
Sotomayor last December suggested court wouldn’t ‘survive the stench’ if abortion rights undercut https://t.co/gmvwJJGVKv
— Jim Acosta (@Acosta) May 3, 2022
Hard to believe that girls being born today will have fewer rights than those born fifty years ago.
— Katie Hill (@KatieHill4CA) May 3, 2022
What does it mean for rule of law in America if nominees to the Supreme Court feel free to say things that they may not actually believe during public confirmation hearings and to Senators in private as a tactic to get confirmed?
— Michael Beschloss (@BeschlossDC) May 3, 2022
This is on us, every one of us. People who stayed home, voted for third party candidates, didn't think the candidate was pure enough. We have an election coming up to actually do something. If we don't, we send the message we are the protest party w/ nothing behind it.
— Joe Lockhart (@joelockhart) May 3, 2022
Brett Kavanaugh voting to have control over a woman’s body is the least shocking thing here.
— Adam Parkhomenko (@AdamParkhomenko) May 3, 2022
One might imagine that, if Roe is struck down, other rights that have seemingly been 'set in stone' could now also be reversed.
— Kyle Griffin (@kylegriffin1) May 3, 2022
FWIW, there’s not much the GOP wants less than Roe to actually be overturned.
If the Politico scoop is correct, the GOP is now the dog who caught the car.
Roe was always a shiny thing to campaign on (much like repealing Obamacare) but never something they actually wanted to do.
— Angry Staffer ? (@Angry_Staffer) May 3, 2022
The Supreme Court has learned its lesson
by Susan Collins
— New York Times Pitchbot (@DougJBalloon) May 3, 2022
If Gen Z ever needed a reason to turn out in November, the GOP-installed Supreme Court will allow states to force young women to give birth. And young men: That means child support payments.
— George Takei (@GeorgeTakei) May 3, 2022
We need Democrats on every news channel across the country talking about abortion rights like this. pic.twitter.com/5fnhf5XdFz
— Charles DeLoach (@DeLoach_NC) May 3, 2022
Photo 156874393 / Firestorm © Petropavlovsk | Dreamstime.com
Joe Gandelman is a former fulltime journalist who freelanced in India, Spain, Bangladesh and Cypress writing for publications such as the Christian Science Monitor and Newsweek. He also did radio reports from Madrid for NPR’s All Things Considered. He has worked on two U.S. newspapers and quit the news biz in 1990 to go into entertainment. He also has written for The Week and several online publications, did a column for Cagle Cartoons Syndicate and has appeared on CNN.