Roe v Wade – live: Supreme Court to release opinions as US braces for ruling overturning abortion rights
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Women and health care providers across the country are preparing for the possible end ofRoe V Wade, the landmark Supreme Court ruling that granted federal protection to abortion rights.
The Supreme Court is set to release opinions on Tuesday 21 June.
As reported in Politico, a leaked Supreme Court draft decision showed that the court intended to strike down the precedent despite at least three justices claiming during their confirmation hearings that they would recognise precedent.
The ruling is expected to come soon, though its unclear exactly how close the court is to a ruling. In the mean time, women are scrambling for healthcare before their rights are stripped away, and doctors are preparing to make difficult judgement calls in a post-Roe America.
“How almost dead does someone need to be?” Dr. Leilah Zahedi, a maternal fetal medicine physician in Tennessee who specializes in high-risk pregnancies and performs abortions, asked in a New York Times interview. “Am I to just watch someone bleed to death? Or provide the care and then be reported and go to jail? I don’t know.”
Key Points
How the ‘pro-life’ movement killed Roe V Wade
Democrats urge Google to stop steering abortion patients to ‘fake clinics’ in search results
The woman who helped open of the nation’s first abortion clinics discusses the ‘war’ to save women’s right to choose
How the ‘pro-life’ movement killed Roe V Wade
16:30 , Oliver O'Connell
The so-called ‘pro-life’ movement that opposes women’s rights to reproductive healthcare has been battling against abortion access for decades.
The Independent’s Alex Woodward delves into the movement’s history and the part it played in the assault on women’s right to access abortions. Read the story below:
Inside the ‘pro-life’ movement that killed Roe v Wade
No decision on Roe v Wade today
15:54 , Oliver O'Connell
With the court seemingly finished handing down opinions today, there is no decision yet on the fate of Roe v Wade. There are 13 cases still to be decided, with the next round of opinions scheduled for Thursday 23 June at 10am.
It is possible that more opinion days could be scheduled for next week as well, though none have been announced yet.
Fifth opinion: Shoop v Twyford
15:46 , Oliver O'Connell
Chief Justice Roberts also authors the fifth and final decision today, Shoop v Twyford, a 5-4 decision with justices Breyer, Kagan, Sotomayor, and Gorsuch dissenting.
This is a case about, among other things, whether a court must determine whether evidence would help an inmate seeking a writ of habeas corpus and whether the court can consider that evidence before the court grants an order allowing the inmate to develop new evidence.
The court holds that a transportation order — an order requiring the state to take the inmate to a medical facility — that allows a prisoner to search for new evidence is not “necessary or appropriate in aid of” a federal court’s adjudication of a habeas corpus action when the prisoner has not shown that the desired evidence would be admissible in connection with a particular claim for relief.
Fourth opinion: Carson v Makin
15:32 , Oliver O'Connell
Chief Justice Roberts writes the fourth opinion released by the court today, Carson v Makin, a 6-3 decision.
This case was a challenge to the constitutionality of a Maine program that pays tuition for some students to attend private schools when their own school district does not operate a public secondary school.
The court holds that the Maine program violates the free exercise clause. A neutral benefit program that gives public funds to religious organisations through the independent choices of the recipients of those benefits does not violate the Constitution’s establishment clause.
Justice Breyer wrote the dissenting opinion and was joined by justices Kagan and Sotomayor.
Possibly no decision on Roe v Wade today
15:29 , Oliver O'Connell
As Justice Breyer is the author of US v Washington, the court has skipped right over any opinions written by justices Kagan, Sotomayor and Alito — who wrote the draft opinion in the Dobbs case.
That could mean we’re not getting that ruling today, unless another justice wrote a final opinion, including Chief Justice John Roberts, who tried to navigate a “middle ground” that could leave Roe and the Mississippi law in place but lower the “viability” threshold. Mississippi’s law bans abortion at 15 weeks.
Third opinion: US v Washington et al
15:23 , Oliver O'Connell
Justice Breyer writes the opinion for US v Washington et al, a unanimous decision.
This case is a challenge by the federal government to a special Washington state worker’s compensation law for federal contract workers employed at the Hanford site in the state, which produced weapons-grade plutonium for the US nuclear program but also generated large amounts of radioactive waste. The law creates a presumption that workers will be eligible for benefits if they contract certain diseases, including cancer.
The Court holds that the state law is unconstitutional under the Supremacy Clause, which generally immunises the Federal Government from state laws that directly regulate or discriminate against it.
Second opinion: US v Justin Eugene Taylor
15:15 , Oliver O'Connell
Justice Gorsuch is the author of the next opinion, US v Justin Eugene Taylor, with a 7-2 majority and justices Thomas and Alito dissenting.
The question before the court was whether an attempted (but ultimately unsuccessful) robbery under the Hobbs Act, which criminalises an attempt to commit a robbery that affects interstate commerce, qualifies as a “crime of violence” for purposes of a federal law that makes it a federal crime to use a gun in a “crime of violence”.
The answer is no. Justice Gorsuch writes that Taylor can be subject to up to 20 years in prison for his Hobbs Act conviction, but the court cannot impose an additional 10 years.
First opinion: Marietta Memorial Hospital v Davita
15:10 , Oliver O'Connell
The first opinion out today from the court is Marietta Memorial Hospital v Davita, written by Justice Kavanaugh in a 7-2 decision with justices Kagan and Sotomayor dissenting.
This is a case about whether a group health plan that provides limited benefits for outpatient dialysis but treats all plan participants the same, violates the Medicare Secondary Payer statute. The answer is no.
SCOTUS opinions due from 10am
14:58 , Oliver O'Connell
The Supreme Court releases opinions on cases individually on its website starting from 10am, publishing one every 10 minutes.
Each opinion is released in reverse seniority order, with Justice Amy Coney Barrett first, followed by Brett Kavanaugh, and so on.
On 15 June, six opinions were released, and on 13 June five were published.
It is not certain whether the decision on Roe v Wade will be released today.
What is Planned Parenthood v Casey? Landmark abortion ruling at risk alongside Roe v Wade
14:36 , Oliver O'Connell
While Roe v Wade is the most well known case guaranteeing abortion access in the US, a 1992 Supreme Court case was pivotal in upholding those rights.
In 1992, Democratic Governor Robert Casey introduced new laws restricting women’s rights to access abortion. Planned Parenthood sued the governor, and the Supreme Court ruled in its favour.
For more on the landmark ruling, read Rachel Sharp’s story below:
What is Planned Parenthood v Casey? Abortion ruling at risk alongside Roe v Wade
Samuel Alito: Who is the Supreme Court justice who wrote leaked draft overturning Roe v Wade?
13:58 , Graeme Massie
Mr Alito is the author of a draft opinion overturning the landmark Roe v Wade case.
Andrew Feinberg has the story.
Samuel Alito: Who is Supreme Court justice who wrote leaked draft overturning Roe?
Why these prosecutors are refusing to enforce criminal anti-abortion laws in their states
12:06 , Graeme Massie
‘Trigger’ bans in more than a dozen states will quickly or immediately outlaw abortion without Roe v Wade protections. It will be up to the discretion of district attorneys and law enforcement whether providers will be criminally charged, Alex Woodward reports.
Why these prosecutors refuse to enforce anti-abortion laws in their states
Congresswoman who authored abortion rights bill calls Senate’s inaction to codify Roe v Wade ‘such a crime’
10:05 , Graeme Massie
The California Congresswoman and author of Democrats’ legislation to codify abortion protections speaks with Eric Garcia about the end of Roe v Wade, abortion rights and why the filibuster needs to go.
Congresswoman who authored abortion rights bill on the fight to protect rights
When will there be a Roe v Wade decision?
07:59 , Graeme Massie
The US is bracing for a Supreme Court’s decision that could overturn Roe v Wade, the landmark ruling granting women access to abortions across the US.
As the Suprme Court deliberates its decision on Dobbs v Jackson Women’s Health Organisation — which could strike down Roe — the questions remains as to when it will formally announce its decision.
The Independent’s Alex Woodward explores when the ruling may come down from the court in his story below:
When will there be a Roe v Wade decision?
US abortion rise: One in five US pregnancies were terminated in 2020
06:05 , Graeme Massie
As the US braces for the Supreme Court to overturn Roe v Wade, the number of women seeking abortions appears to be on the rise based on the latest data.
According to the The Guttmacher Institute, a research group that supports abortion rights, one in five US pregnancies were terminated in 2020.
Gustaf Kilander has more on the data in his report below:
US abortion rise: One in five US pregnancies were terminated in 2020
What is Planned Parenthood v Casey? Landmark abortion ruling at risk alongside Roe v Wade
04:00 , Graig Graziosi
While Roe v Wade is the most well known case guaranteeing abortion access in the US, a 1992 Supreme Court case was pivotal in upholding those rights.
In 1992, Democratic Governor Robert Casey introduced new laws restricting women’s rights to access abortion. Planned Parenthood sued the governor, and the Supreme Court ruled in its favour.
For more on the landmark ruling, read Rachel Sharp’s story below:
What is Planned Parenthood v Casey? Abortion ruling at risk alongside Roe v Wade
How Supreme Court security became political and how its tied to abortion
02:00 , Graig Graziosi
After Nicholas Roske traveled to Supreme Court Justice Bret Kavanaugh’s home with a pistol allegedly intending to shoot the judge, security for the justices became a major political issue on Capitol Hill.
As lawmakers move to tighten security for Supreme Court justices, it has raised concerns for pro-choice protesters who wish to show their disproval of the court’s forecasted decision to overturn Roe v Wade. Many protesters have held demonstrations outside justices’ homes, but new legislation may force them away in the name of security.
The Independent’s Rachel Sharp has more in the story below:
How Supreme Court security became political in wake of Roe v Wade leak
What is Dobbs v Jackson Women’s Health Organization? Why one lawsuit could overturn abortion rights
01:00 , Graig Graziosi
The leaked Supreme Court draft decision that foretold the likely overturn of Roe v Wade comes as a result of the Supreme Court case Dobbs v Jackson Women’s Health Organisation. The result of that case is likely to come in the next few days, and may result in the end of Roe v Wade.
What is at the core of the case, and why does it put Roe in jeapoardy?
John Bowden has more in his story below:
Dobbs v Jackson: Why one lawsuit could overturn abortion rights
‘It was really devastating’: South Dakota’s only abortion clinic halts procedures as Supreme Court decides fate of Roe
Tuesday 21 June 2022 00:28 , Graeme Massie
‘Even though we expected this it feels very emotional’ abortion rights activist in Sioux Falls tells Andrew Buncombe.
Only abortion clinic in South Dakota halts procedures as Roe looks doomed
How Planned Parenthood aims to fight for abortion rights with the overturn of Roe V Wade looming
Tuesday 21 June 2022 00:00 , Graig Graziosi
Planned Parethood, which has been at the forefront of providing abortion access to women for more than a century, is planning to keep fighting for women’s reporductive rights even if the Supreme Court overturns Roe V Wade.
“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,” President Alexis McGill Johnson said in a statement following the leak of a Supreme Court draft decision.
Alex Woodward examines the organisation’s plans to fight in a post-Roe world in his story below:
What is Planned Parenthood? The organisation leading the fight for abortion access
What the Supreme Court could come for after Roe v Wade
Monday 20 June 2022 23:00 , Graig Graziosi
Legal experts and civil rights activists fear that after the Supreme Court overturns Roe V Wade it will overturn other landmark rulings protecting rights like gay marriage.
“I’m terrified and people should be terrified,” says Jim Obergefell, whose lawsuit against the state of Ohio led to the Supreme Court ruling that gay marriage was protected by the US Constitution.
Read Alex Woodward’s full story below:
‘People should be terrified’: What US Supreme Court could come for after Roe v Wade
A ‘bat****’ bill shows how far Louisiana lawmakers will push an anti-abortion agenda
Monday 20 June 2022 22:00 , Graig Graziosi
Louisiana’s House Bill 813, which is part of an accelerationist anti-abortion movement in the state calling for an “abolition” of the practice, faced widespread condemnation for its language allowing the criminalising and imprisoning of patients and providers of abortions.
The Independent’s Alex Woodward spoke delves into the controversial legislation in his story below:
A ‘bat****’ bill shows how far states could push an anti-abortion agenda
Why these prosecutors are refusing to enforce criminal anti-abortion laws in their states
Monday 20 June 2022 21:36 , Graig Graziosi
The Independent asked the chief prosecutors in more than a dozen counties and parishes where their respective states’ anti-abortion laws are set to take effect to ask how – or if – they will go about prosecuting such cases, including whether they will issue subpoenas for personal digital data to prosecute them.
“Trigger laws” which will go into effect once Roe V Wade is overturned, will effectively ban abortion in nearly half the US.
Alex Woodward shares insights from prosecutors in his story below:
Why these prosecutors refuse to enforce anti-abortion laws in their states
Who is the Supreme Court justice who wrote leaked draft overturning Roe v Wade?
Monday 20 June 2022 21:00 , Graig Graziosi
Earlier this year Politico reported on a leaked Supreme Court draft decision written by Justice Samuel Alito that suggests the court is ready to overturn Roe V Wade.
Who is Mr Alito, and why is he leading the charge to overturn the nation’s landmark abortion ruling?
The Independent’s Andrew Feinberg has more in his story below:
Samuel Alito: Who is Supreme Court justice who wrote leaked draft overturning Roe?
New York expands abortion protections ahead of imminent decision from Supreme Court
Monday 20 June 2022 20:25 , Graig Graziosi
New York lawmakers expanded abortion protections ahead of the likely Supreme Court decision to overturn Roe V Wade.
Governor Kathy Hochul said New York would be a “safe harbour” for individuals seeking abortions.
She said “the women of New York will never be subjected to government-mandated pregnancies.”
Read the full story in Alex Woodward’s report below:
New York expands abortion protections ahead of Supreme Court decision in Roe v Wade
The woman who helped open of the nation’s first abortion clinics discusses the ‘war’ to save women’s right to choose
Monday 20 June 2022 19:29 , Graig Graziosi
Merle Hoffman, who helped open one of the first abortion clinics in the US, spoke with The Independent about her work since Roe V Wade and how the fight for women’s reproductive rights has changed over the last 50 years.
“I’ve had friends murdered … It’s a war, and I’ve been on the front line of it for many, many years,” she said.
Read more from Ms Hoffman in Alex Woodward’s story below:
‘It’s a war:’ Merle Hoffman’s five-decade fight for abortion rights
Advocates for abortion rights are trying to prevent anti-abortion police from using period-tracking app data to hunt down abortion providers
Monday 20 June 2022 18:25 , Graig Graziosi
Abortion rights advocates are trying to prevent anti-abortion police from using data collected from period-tracking apps to prosecute abortion providers.
Vice President Kamala Harris shared her fears during a meeting with security experts, noting the “vulnerability of women who are using menstrual-tracking apps, those who use a search engine to find certain locations or certain help … and how vulnerable those searches will be to bad actors attempting to track their history, much less any government forces that may be interested in investigating that for whatever purpose.”
Alex Woodard has more on the story below:
How your menstrual app data could be used against you in post Roe v Wade America
Democrats urge Google to stop steering abortion patients to ‘fake clinics’ in search results
Monday 20 June 2022 17:29 , Graig Graziosi
Women across the country are scambling to schedule reproductive healthcare consultations and operations ahead of the Supreme Court potentially overturning Roe V Wade.
Some of those women using Google to find abortion clinics or reproductive healthcare providers will no doubt find “crisis pregnancy centres” among their search results. These centres are often times run by ‘pro-life’ groups and sometimes use social pressure, shaming, or disinformation to convince women not to seek out abortions.
Some Democrats have been pushing for Google to filter crisis pregnancy centres out of its abortion results to prevent women from being duped. Read Alex Woodward’s story below:
Democrats urge Google to block misleading results for abortion clinics
How the ‘pro-life’ movement killed Roe V Wade
Monday 20 June 2022 16:51 , Graig Graziosi
The so-called ‘pro-life’ movement that opposes women’s rights to reproductive healthcare has been battling against abortion access for decades.
The Independent’s Alex Woodward delves into the movement’s history and the part it played in the assault on women’s right to access abortions. Read the story below:
Inside the ‘pro-life’ movement that killed Roe v Wade
Welcome to the liveblog
Monday 20 June 2022 16:41 , Graig Graziosi
Welcome to The Independent’s live coverage of what may be the final days of Roe V Wade. A Supreme Court draft decision that was leaked to Politico earlier this year revealed that the court was planning to overturn nearly 50 years of precedent, a move that will indirectly strip millions of women of their right to end their pregnancies.
The court’s ruling is expected sometime this week, possibly as early as tomorrow.
