Roe v. Wade live updates: Supreme Court decision leaked - The Washington Post

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Tuesday, May 3, 2022

Welcome to special coverage from Post Politics Now.

Today, President Biden said it would be a “radical decision” if the Supreme Court followed through with a leaked draft opinion that would overturn Roe v. Wade, the landmark case legalizing abortion. Biden said Congress needs to codify abortion protections but would not say whether he would support eliminating the filibuster in the Senate to allow such legislation to pass in the evenly divided chamber.

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Biden’s comments to reporters came as Chief Justice John G. Roberts Jr. said in a statement Tuesday that the leaked draft opinion that proposes overturning Roe is authentic but not final, and he is opening an investigation into how it became public.

The publication of the opinion has ignited fierce debate over the future of abortion rights in the United States. Antiabortion activists are expressing cautious optimism that the court is on the verge of pushing decisions about the legality of the procedure to the states, while abortion rights activists warned that women could soon be stripped of rights in place for a half-century.

Here’s what else to know

• Politico said a draft opinion was circulated in February by Justice Samuel A. Alito Jr. The report said Alito, along with Justice Clarence Thomas and all three of President Donald Trump’s nominees to the court — Justices Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett — voted to overturn the precedent. The leak was an extreme breach of court protocol.
• The draft was leaked ahead of a ruling on a Mississippi law that bans almost all abortions after 15 weeks of pregnancy. In accepting the case, the court said it would decide whether all pre-viability prohibitions on elective abortions are unconstitutional.
• It could be months before it is clear whether the leaked document will serve as the basis for the court’s decision or if it was just an opening round of negotiations.
• Biden on Tuesday is visiting a Lockheed Martin facility in Troy., Ala., that manufactures weapon systems including Javelin antitank missiles being supplied to Ukraine.

Got a question about the politics of abortion? Submit it here. At 3 p.m. weekdays, return to this space and we’ll address what’s on the mind of readers.

The latest: DeSantis says he’ll let Florida courts sort out abortion access

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Florida Gov. Ron DeSantis (R) said Tuesday that he would let his state’s courts sort out abortion access while waiting for a final Supreme Court ruling on Roe v. Wade.

Lori Rozsa reports that when asked at a news conference in Fort Myers Beach about the leaked Roe draft opinion, DeSantis touted a law he signed last month that prohibits abortions after 15 weeks, with no exceptions for rape, incest or human trafficking.

He did, however, acknowledge that legal challenges await that law, which is supposed to take effect on July 1. The Florida Constitution protects abortion under state privacy laws, and abortion is currently legal in the state until the 24th week of pregnancy.

“If you look at the protections I signed into law a couple of weeks ago, those were the strongest that Florida has seen in decades. Our view is that those are fully consistent with the federal Constitution,” DeSantis said. “Now, we’re mindful that we also will be challenged under the Florida Constitution and statutes. We think we’re going to win there, but that is going to be something we have to do.”

DeSantis said it “was really weird that [the leaked draft] came out. I don’t know what the agenda is behind it.”

While at least one group that opposes abortion rights is pressing the governor to add a total abortion ban to the agenda of a special legislative session later this month, DeSantis said he’s waiting to see what the courts do.

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