The Supreme Court is prepared to issue opinions on Thursday and Friday that might determine the legality of abortion, putting the historic Roe v. Wade abortion case back on the line on Thursday.
When the Dobbs v. Jackson Women’s Health Organization case was being decided, Justice Antonin Scalia’s leaked draft of an opinion hinted that a majority was prepared to overturn the historic abortion decision.
Vice President Kamala Harris will meet with state attorneys general on Thursday afternoon to discuss their “efforts defending reproductive health care access,” sending a message that the Biden administration is at least bracing for bad news.
A White House official told Reuters that the discussion with the Democratic attorneys general will be about how to challenge the Supreme Court’s ruling on abortion should it overturn Roe v. Wade.
Regarding the defense of abortion and reproductive rights, Harris has assumed leadership for President Joe Biden’s cabinet.
The administration will be compelled to rely on law enforcement, potential executive actions, and other measures if the Court does overturn Roe in order to try to preserve access to abortion rights in states that have been gradually restricting the procedure for years.
For this term, the high court has not yet published 13 opinions.
The opinions will be made public on Thursday, Friday, and potentially the next week. The court did not rule on the subject of abortion rights on Tuesday, despite issuing five opinions.
Attorneys general from Wisconsin, Nevada, Illinois, California, Delaware, New York, and Washington state will be present at the meeting with Harris.
If abortion is made illegal, state attorneys general will likely be the first line of defense. They could file additional lawsuits involving reproductive rights because they are the top lawyers in their states.
As a devoted Catholic who fought Roe in his early professional years, Biden has only recently come to support abortion rights. He criticized the draft opinion that was disclosed.
In the last days of the court’s term, which typically finishes in late June, protesters from both sides of the divisive issue have been congregating outside the court every day.
A substantial barrier was put up around the structure following the release of the draft last month.
The 1973 Roe v. Wade decision, which established abortion rights, would be overturned if judges haven’t changed their minds since Alito wrote the text.
Currently, 18 states have laws prohibiting abortion in almost all circumstances.
These states include Alabama, Arizona, Arkansas, Idaho, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, and Wyoming.
On the other end of the spectrum, legislation protecting a person’s right to an abortion is present in 16 states and the District of Columbia.
After an armed man was detained outside Justice Brett Kavanaugh’s home, Congress passed legislation to give justices security protection as the public’s attention turned to the court, where conservatives have a 6-3 majority.
Dobbs v. Jackson Women’s Health Organization is one of the most hotly contested cases on the court’s docket, which also contains arguments involving gun regulation and other debatable topics.