Forget the Roe v. Wade leak. The abortion ruling is the bigger issue

Conservatives are finally getting their way to end federal abortion rights, and everyone should be asking what’s next on the chopping block.

Their incoming victory is only shocking because we foolishly thought the brilliant minds of the U.S. Supreme Court would actually respect a half-century legal precedent.

They won’t respect anything. Certainly not the deep-rooted legal precedent established by Roe v. Wade in 1973 that gave women the constitutional right to an abortion.

Chief Justice John Roberts on Tuesday confirmed the authenticity of a draft ruling penned by Justice Samuel Alito and leaked to Politico. Roberts said he’ll investigate the leak and emphasized the draft doesn’t represent the court’s final decision.

The leak itself is huge. It has never happened. Republican Senate Minority Leader Mitch McConnell called it a “toxic spectacle.”

Oh, please. Spare us the outrage.

You know what’s a more “toxic spectacle?” The fact that five of the nine-member court have already agreed to strip women’s rights to an abortion – final wording aside.

Forget the leak. The ruling's the bigger issue

The five justices who agreed to gut Roe vs. Wade are Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Of note, the last three were appointed by former President Trump and confirmed with a simple Senate majority.

Conservatives know they’ve outsmarted the Democrats by packing the court with Federalist Society judges and are now thumbing their noses with outrage over the leak.

They say the leak is an attack on the court as an institution. That’s laughable considering these are some of the same people who’ve been busy trying to overthrow a duly elected president.

“The leaked SCOTUS draft was likely from a far left law clerk who is trying to derail the final decision by creating mass outrage, hoping to scare a Justice to change his or her mind,” Rep. Paul Gosar said on Twitter.

Oh, please.

Forget the leak. The more important point here is the substance of the incoming ruling and what Americans should do next to fight back.

An abortion about-face has been coming for years

Given the justices’ proclivity to get rid of Roe v. Wade, what’s keeping them from tossing other legal rights like access to contraception, same-sex marriage or even the right to vote?

That’s really what is at stake here. We're a bunch of fools if we don’t see that. The draft ruling sent shockwaves but not because it was unexpected.

Montini: Abortion will be huge in Arizona governor's race

We knew it was coming when McConnell – then majority leader – successfully blocked the appointment of Merrick Garland to the high court in 2016 until Trump got elected.

We knew it was coming when Trump packed the court with Gorsuch, Kavanaugh and Coney Barrett.

We knew it was coming when conservatives passed anti-abortion laws in Republican-controlled legislatures, including Arizona’s, months before the Supreme Court’s ruling.

What can be done now? Fight like hell at the ballot box this coming election, because our rights are on the line.

Congress will do nothing, thanks to Sinema

Unfortunately, nothing is going to happen in Washington now – even with Democrats controlling Congress and the White House.

Why? Because of perennial obstructionist Sens. Joe Manchin of West Virginia and Kyrsten Sinema of Arizona.

Manchin, who still doesn’t regret voting for Kavanaugh, and Sinema are stubbornly opposed to ending the filibuster, which makes it impossible to pass any legislation in a 50-50 split Senate.

Sinema on Tuesday tweeted support for “women’s access to healthcare,” boasting about the Women’s Health Protection Act that she co-sponsored.

Oh, please. Spare us the platitudes. That legislation won’t go anywhere because of the filibuster threshold that requires at least 60 votes.

There is a way to fight back: Vote in the midterms

What to do then? Channel the outrage you feel now into action. Get involved. Register to vote and help others do it, too.

Pick state and congressional candidates in this midterm election carefully. Pick the ones that truly align with your core values.

The question is, will ending abortion rights spark people to vote in droves, or will this be just another outburst quickly forgotten?

Elvia Díaz is an editorial columnist for The Republic and azcentral. Reach her at 602-444-8606 or elvia.diaz@arizonarepublic.com. Follow her on Twitter, @elviadiaz1.

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This article originally appeared on Arizona Republic: Forget the Roe v. Wade leak. The ruling's the bigger issue