Indiana politicians react to leaked SCOTUS draft opinion that could overturn Roe v. Wade
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The Supreme Court may vote to overturn landmark decision Roe v. Wade, according to an initial draft majority opinion written by Justice Samuel Alito, POLITICO reported late Monday.
The opinion states both the 1973 Roe decision, which has protected the federal right to an abortion for nearly 50 years in the U.S., and the 1992 decision in Planned Parenthood v. Casey, should be overturned.
“It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives," Alito wrote in the leaked draft.
From USA TODAY: Explosive leaked draft in abortion case reveals Supreme Court on verge of overturning Roe
In a statement Tuesday, Chief Justice John Roberts said that the document was "authentic," but "does not represent a decision by the Court or the final position of any member on the issues in the case."
President Joe Biden issued a statement emphasizing the need for a pro-choice majority in Congress to codify Roe if the decision is overturned.
"I believe that a woman’s right to choose is fundamental," he said, "Roe has been the law of the land for almost fifty years, and basic fairness and the stability of our law demand that it not be overturned."
In March, 100 Republican lawmakers from both the Indiana House and Senate chambers sent a letter to Gov. Eric Holcomb asking for a special legislative session if Roe were to be overturned.
Here's how Indiana politicians responded Tuesday.
Gov. Eric Holcomb
In a statement Tuesday, Holcomb said he would wait until the Supreme Court announces their official decision, likely in June.
"Before further commenting on a leaked draft document out of the Supreme Court, like the rest of the country, I’ll wait to review the official and final decision they release on the matter in the few weeks and months ahead," Holcomb said.
Mike Pence, former Vice President and former Indiana governor
"As long as Roe remains enforced, the Radical Left in this Country will never stop pushing for more and more extreme abortion related policies," Pence said in a tweeted video clip.
As long as Roe v. Wade remains enforced, the Radical Left in this Country will never stop pushing for more and more extreme abortion related policies. pic.twitter.com/5ZF7CZKczP
— Mike Pence (@Mike_Pence) May 3, 2022
Rep. Frank Mrvan
Frank Mrvan, a Democrat from Indiana's 1st District, said that he was a "staunch supporter of women's rights," including the rights to reproductive and medical autonomy, in a statement Tuesday.
Mrvan called himself a "pro-woman public official" and touted his record of supporting and co-sponsoring the Women's Health Protection Act.
"As the father of two daughters, I will continue to fight to ensure that they and every woman can make the best decisions they wish to make about their own bodies, their own futures, and their own economic opportunities."
Rep. Jackie Walorski
Walorski, a Republican from the 2nd District, called overturning Roe "an answer to prayer," but condemned the leak.
Overturning Roe v. Wade would be an answer to prayer - but the court must speak for itself without facing intimidation or threats from extreme liberals with a clear agenda. This leak once again proves the left will stoop to unprecedented lows to extinguish the right to life.
— Jackie Walorski (@RepWalorski) May 3, 2022
Rep. Jim Banks
Banks, a Republican from the 3rd District, called said the decision would be a "major victory for protecting the unborn." He also said the leak should be investigated.
"If this was an attempt to intimidate the justices, the individual responsible must be punished to the full extent," Banks said in a tweet.
This would be very welcomed news and a major victory for protecting the unborn.
But this unprecedented leak must be investigated. If this was an attempt to intimidate the justices, the individual responsible must be punished to the full extent. https://t.co/j7kEiGFm0L— Jim Banks (@RepJimBanks) May 3, 2022
Rep. Victoria Spartz
In a tweet, Spartz said that "activist pressure" on the Supreme Court was dangerous and "undermines the underlying principles of a Constitutional Republic."
She urged the Justice Department and the FBI to take the leak "very seriously."
Politicization of the Supreme Court and activist pressure on the Justices is very dangerous and undermines the underlying principles of a Constitutional Republic. @TheJusticeDept and @FBI must take this leak very seriously.
— Rep. Victoria Spartz (@RepSpartz) May 3, 2022
Rep. André Carson
Carson, a Democrat from the 7th District, said he would "never stop fighting" to protect reproductive rights, calling them "fundamental for women, for families and for children."
I’ll never stop fighting to protect reproductive rights. They are fundamental for women, for families and for freedom.
— André Carson (@RepAndreCarson) May 3, 2022
Rep. Larry Bucshon
Rep. Larry Bucshon, a Republican from the 8th District, said the leaked document was "severely damaging" to the United States' judicial system.
"This leak was an attempt to undermine the inviolability of our nation’s highest court and should be investigated to the fullest extent," Bucshon said in a statement. “While I am hopeful that their final decision protects our most basic right, the right to life, I urge all of our Justices to remain unwavering in their duty of upholding the Constitution and not to succumb to political pressure that is coming as a result of this leak."
Sen. Mike Braun
In a tweet, the Republican senator called himself "100% pro-life," saying if the leaked opinion is correct, it would be a "landmark day for the sanctity of human life in our country."
However, Braun also said that leak was "shameful" and an "attack" on the independence of the Supreme Court.
— Senator Mike Braun (@SenatorBraun) May 3, 2022
Sen. Todd Young
In a series of tweets, Young called the leak "unprecedented" and said he would wait until the Supreme Court made its official decision.
"I do believe that Roe v Wade was wrongly decided, and that the American people should be able to decide, through their elected officials, what our laws are when it comes to protecting life and protecting women," he said in a tweet.
I’m awaiting the official decision by the Supreme Court. A leak like this is unprecedented, and we need to ensure that Supreme Court justices are not subject to intimidation.
— Senator Todd Young (@SenToddYoung) May 3, 2022
I do believe that Roe v Wade was wrongly decided, and that the American people should be able to decide, through their elected officials, what our laws are when it comes to protecting life and protecting women.
— Senator Todd Young (@SenToddYoung) May 3, 2022
Hammond Mayor Thomas McDermott
TomMcDermott, a Democrat, will challenge Sen. Todd Young for one of Indiana's Senate seats in November.
In a tweet, he urged Hoosiers to hold Young accountable for voting for three Supreme Court justices that are "anti-women's reproductive rights."
"My Senate race is about making sure women have a choice," he said.
I’ve @tommcdermottjr been predicting that Roe would be overturned-now that we know it’s true it’s time to hold @SenToddYoung accountable for voting 3 justices to the SCt that are anti women’s reproductive rights-my Senate race is about making sure women have a choice #RoevWade
— McDermott for Indiana (@gomcdermott) May 3, 2022
Andrea Hunley, candidate for Indiana Senate District 46
Hunley, a Democrat, tweeted a photo of her with her two daughters reiterating her support for Roe.
"We should be EXPANDING access to healthcare, not restricting it," she said. "I will fight FOR OUR GIRLS + women to have a choice."
RE: Roe v Wade decision
Women's health decisions should be made without the intrusion of government. We should be EXPANDING access to healthcare, not restricting it — I will fight FOR OUR GIRLS + women to have a choice in the #INlegis pic.twitter.com/HIv4u9J525— Andrea Hunley for SD46 (@AndreaHunley_IN) May 3, 2022
Indiana Attorney General Todd Rokita
Rokita called the leaked opinion draft "sabotage" of the Supreme Court in a tweet.
"While we wait for the official Roe v. Wade ruling, I will not relent in my fight for the unborn & defense of their mothers," he said.
It’s disgusting that the Left appears to be sabotaging yet another American institution, the Supreme Court, in a desperate attempt to keep killing babies. While we wait for the official Roe v. Wade ruling, I will not relent in my fight for the unborn & defense of their mothers.
— Todd Rokita (@AGToddRokita) May 3, 2022
What is Roe v. Wade?
Roe v. Wade is a 1973 Supreme Court decision that protected the right for a person who is pregnant to seek an abortion without excessive intervention from the government.
In the decision, the majority of Supreme Court justices ruled that even through abortion is not specifically mentioned in the Constitution, it is guaranteed under rights to privacy, which are protected in the ninth and 14th amendments.
The names in the case are "Jane Roe," later identified as Norma McCorvey, who was a Texas woman who wanted to get an abortion while pregnant with her third child. At the time, Texas law prohibited abortion except in cases where pregnancy posed a threat to the woman's life. McCorvey took her case to court.
Henry Wade, the Attorney General of Texas at the time, represented the state against "Roe."
Is Roe v. Wade overturned?
No, Roe v. Wade has not been overturned and remains upheld as of May.
The document is a product of a case the Supreme Court heard oral arguments of in December, Dobbs v. Jackson Women’s Health Organization. The health organization is suing regarding Mississippi's abortion ban for pregnancies at 15 weeks, when the court had previously set precedent for viability at 24 weeks in Planned Parenthood v. Casey.
In the leaked draft from Alito, it appears that the majority of justices agreed to go further than just deciding whether the Mississippi ban was constitutional and overturn Roe v. Wade.
The court is expected to announce their decision in June.
Contact IndyStar trending reporter Claire Rafford at crafford@gannett.com or on Twitter @clairerafford.
This article originally appeared on Indianapolis Star: Supreme Court Roe v. Wade draft leak: Indiana politicians respond