SCOTUS draft drives division: Limestone County responds to leaked draft decision

May 5—Earlier this week, a leaked draft opinion from February suggested the Supreme Court of the United States would vote to overturn the 1973 Roe V. Wade decision.

Officials and others in Alabama were quick to comment on the draft.

"According to ... reporting, the Supreme Court will soon overturn Roe v. Wade, leaving laws regarding abortion access up to the states. Because of laws passed by our Republican legislature, abortion services will be illegal in Alabama — a felony that could force doctors to face up to 99 years in prison for providing medical care to their patients," said Rep. Chris England, chair of the Alabama Democrats.

In a statement on the morning of May 3, the court confirmed the document was authentic.

"This was a singular and egregious breach of that trust that is an affront to the court and the community of public servants who work here," said Chief Justice John Roberts.

On May 4, The Alabama Republican Party released a statement regarding the information breach.

"We are deeply troubled by the leak which brought this news to light. Not only is it unprecedented, but it also compromises our judicial process and its protocols. This leak needs to be recognized for what it is, a type of judicial insurrection that undermines the rule of law and the founding principles of our nation. The justices of the Supreme Court must be allowed to deliberate all cases before them, without intimidation and coercion, in order to reach a conclusion based on the Constitution, not politics," said ALGOP Chair John Wahl. "It is our hope the person who is responsible will be identified and held accountable and the high court is able to release its decision as originally intended."

During a press call proceeding President Joe Biden's visit to Lockheed Martin in Troy, Alabama Republican Representative Barry Moore commented on the leaked decision.

"We'd love to see Roe v. Wade overturned," said Moore (R-AL-2).

The biggest concern for Moore's team is the leaked information.

"When you have somebody who leaks information to that extent at that high level of government, you have to ask yourself what is the agenda?" said Moore.

During the call, Wahl determined the information breach undermined democracy.

"The Alabama Republican Party is excited about the potential for the reversal of Roe v. Wade," said Wahl during Tuesday's press call. "The real concern is this leak, because it undermines government and our democracy."

One Athens resident hopes the court will stand firm in its decision.

"The leak itself is cause for concern. Someone had to be very desperate to go to such extreme and illegal lengths to attempt to rally the pro-abortion side. My hope is that the men and women of the court will stand firm, no matter what," said Athens resident Sommer Adams.

Alabama Human Life Protection Act

In 2019, Governor Kay Ivey signed HB 314, the Alabama Human Life Protection Act, which "would make abortion and attempted abortion felony offenses, except in cases where abortion is necessary in order to prevent a serious health risk to the unborn child's mother."

Under this law, if an abortion were medically necessary due to a serious health risk to the mother, the mother would not be held criminally liable or culpable for receiving an abortion.

Abortion after rape or incest is not protected under this law.

Now, HB 314 is not enforceable, so long as Roe v. Wade is in place.

"I'm sure hoping and praying that Roe v. Wade is overturned. It's just outrageous to me and not acceptable. We'll continue fighting for the unborn lives of our great state for the sanctity of life," said Gvo. Kay Ivey while touring the Ford Meter Box in Pell City on May 3.

In HB 314, Ivey and state legislators compare abortion to acts of genocide in recent world history and determine it to be an attack on the sanctity of life.

"It is estimated that 6 million Jewish people were murdered in German concentration camps during World War II; 3 million people were executed by Joseph Stalin's regime in Soviet gulags; 2.5 million people were murdered during the Chinese 'Great Leap Forward' in 1958; 1.5 million to 3 million people were murdered by the Khmer Rouge in Cambodia during the 1970s and approximately 1 million people were murdered during the Rwandan genocide in 1994," according to HB 314. "All of these are widely acknowledged to have been crimes against humanity. By comparison, more than 50 million babies have been aborted in the United States since the Roe decision in 1973, more than three times the number who were killed in German death camps, Chinese purges, Stalin's gulags, Cambodian killing fields and the Rwandan genocide combined."

According to HB 314, abortion is, "the use or prescription of any instrument, medicine, drug or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child."

This term does not extend to actions taken with the purpose of preserving the life and health of the mother or of the unborn — including, but not limited to, the removal of a deceased unborn, an ectopic pregnancy, lethal anomaly or premature birth.

An ectopic pregnancy is defined by HB 314 as, "any pregnancy resulting from either a fertilized egg that has implanted or attached outside the uterus or a fertilized egg implanted inside the cornu of the uterus."

A lethal anomaly is a condition where the unborn would die during or shortly after birth or be stillborn.

HB 314 defines serious risk to the mother as, "in reasonable medical judgment, the child's mother has a condition that so complicates her medical condition that it necessitates the termination of her pregnancy to avert her death or to avert serious risk of substantial physical impairment of a major bodily function."

This does not extend to mental illness, unless a psychiatrist licensed in the state of Alabama with at least three years of clinical experience determines "there is reasonable medical judgment that she will engage in conduct that could result in her death or the death of her unborn child."

In 2018, electors voted in favor of a constitutional amendment declaring and affirming the public policy of the state to recognize and support the sanctity of unborn life and the rights of unborn children.

According to the amendment, the Constitution of Alabama does not include a right to an abortion or require the funding of abortions using public funds.

Alabama residents react to leak

Local reactions to the potential overturning of Roe v. Wade vary.

A Limestone social worker and political candidate expressed concerns for children born into negative situations and mother's facing victimization.

"I am deeply saddened by the recent draft regarding Roe v. Wade's overturning. As a social worker, I fear for the children born into devastating situations and for the women who will be forced to face further victimization of rape or incest because of this. I do hope that Republicans will now feel more inclined to foster or adopt one of hundreds of thousands of children that are already in the system across the United States," said Stephanie Manning, Limestone County Commission District 3 Democratic candidate.

Adams, a mother herself, voiced support for the leaked decision draft.

"It is past time for Roe V Wade to be re-examined, and overturned. When it was established in 1973, ultrasounds were very primitive and were not even being used to determine gender. Now, we know so much more about early development. Modern science can detect a heartbeat and brainwaves as early as the fifth week of pregnancy. That's before most women know they are pregnant. But a unique and unrepeatable full set of human DNA is already present. That DNA will determine everything from the child's eye color to shoe size. I remember watching my first baby on the ultrasound — hiccupping — at only 12 weeks," said Adams.

Others are prepared to protest at the Supreme Court building if the court elects to overturn Roe v. Wade.

"There should be national public polling showing how, even in Alabama, more people are for than against abortion. We should have protests. As the Supreme Court overrules abortion, there should be 100,000 people around the Supreme Court. I'll go this summer. I'll go in June and spend a week. How do you tell someone who got raped, that you have to carry the baby? and that's aligned with Christian ideals? How do you get that? Where did Jesus say be cruel to people?" said Jason O'Brien, associate professor of Education at the University of Alabama in Huntsville.

In a statement on May 4, the Alabama Republican Party voiced support for the overturning of Roe v. Wade.

"The sanctity of all human life, including the unborn, is one of the most important planks of the Republican Party platform. Without the right to life, you cannot have true liberty. We have long supported the addition of a human life amendment to the Constitution and opposed the use of taxpayer dollars to fund and promote abortion. Needless to say, we are overjoyed by news that the United States Supreme Court seems poised to overturn Roe v. Wade. This ruling would return jurisdiction of this issue to the states where it always belonged," said Wahl.

St. Clair County Sav-A-Life in Springville declined to comment on the draft, but expressed relief on its Facebook page.

"This is huge news and something we have prayed for for so many years! Pray this will stand, and pray for the justices that they will stand firm as well as for their protection," a post stated.

They also said this will give the rights back to the state to set their own laws on abortion.

"The fight is not over, but this is a huge victory."

O'Brien went on to project the overturning of Roe v. Wade would lead to the eventual overturn of decisions such as Obergefell v. Hodges, which gave same-sex couples the right to marry.

"I have no idea what the Supreme Court's going to do. I don't know. I have no idea. This is all unchartered waters, it seems like, to distract from the real problems. All Republican states, they're going after abortion. Watch what's going to happen. (Justice) Brett Kavanaugh, when they were talking about the precedent for Roe v. Wade, he said, well, Loving versus Virginia was precedent for 50 years, and they overturned that. Right, so they're just throwing out all these precedents, the difference is one was giving rights, and one's taking rights away. So you watch what happens after Roe v. Wade. They're going to challenge same-sex marriage. Marsha Blackburn the other day said that the ruling on birth control access is constitutionally unsound," said O'Brien.

England noted blocking abortions in Alabama would negatively impact women with the fewest resources.

"Republican politicians will claim this is a win for 'life' in a state with high infant mortality rates, a Black maternal mortality crisis and countless other public health crises. They refuse to expand Medicaid, providing free lifesaving healthcare access to Alabama families — or do anything else that actually sanctifies life for Alabamians. Now, their law will block abortion access in Alabama, negatively affecting women with the fewest resources the most," said England.

On May 3, the NAACP mirrored England's concerns in a statement.

"They've taken our voting rights, they've gone after our healthcare and now they're coming after our reproductive rights. Which right are they going to overturn next? They've hijacked the courts to roll our nation back to a dangerous, dangerous era. Indeed, they are attacking the will of the majority with surgical precision. We feel the fear. We feel the anger. We've been here before, and there's no way we're ever going back. The fight is on. Our democracy and our rights are quite literally on the edge of cliff. This is not a moment for anyone to stay silent," said the NAACP.

The News Courier reached out to the Alabama's Women's Center in Huntsville but did not receive a comment back by press time on Wednesday.

Adams went on to reference a study completed at the University of Chicago where researchers determined life to begin at conception.

"Many claim to believe in science, yet turn a blind eye to the science when it comes to unborn humans. and that is what they are: human beings. In a recent study, 96 percent of biologists agree that a human being's life begins at conception. That was a study done recently at the University of Chicago, done by Dr. Steve Jacobs. Now that we have all of this knowledge, there is really no excuse not to protect these tiny humans . Know better, do better. Right?" said Adams.

O'Brien highlighted legislators using personal religious beliefs to determine legislative action.

"It's not about fighting for our rights. It's about the conservative ones who agree with them, and it's them imposing their view on these people and these legislators doing this are wholly convinced that their God is telling them to. How do you combat that kind of delusion?" said O'Brien.

England gave a reminder that many of the most consequential laws found in the nation are written and passed by state legislators.

"Some of our nation's most consequential laws are written in state legislatures. This challenge started in the halls of the Mississippi legislature, and Democrats must remember this example of why local elections must be a central focus. What happens every day in Jackson or Montgomery can have national implications," said England. "While the Alabama Republican supermajority keeps trying to turn the clock back decades on our freedoms — Alabama Democrats and our 2022 candidates will defend Alabamians' freedom to make their own medical decisions — especially their right to abortion. In the meantime, we need Democrats in Washington to act and pass laws that protect abortion access for all Americans."

In a statement, Planned Parenthood Federation of America President Alexis McGill Johnson reminded people the decision is not solidified yet.

"Let's be clear: Abortion is legal. It is still your right," said Johnson.