Behind the Scenes at the Dismantling of Roe v. Wade

By Jodi Kantor and Adam Liptak
Dec. 15, 2023

On Feb. 10 last year, Justice Samuel A. Alito Jr. showed his eight colleagues how he intended to uproot the constitutional right to abortion.

At 11:16 a.m., his clerk circulated a 98-page draft opinion in Dobbs v. Jackson Women’s Health Organization. After a justice shares an opinion inside the court, other members scrutinize it. Those in the majority can request revisions, sometimes as the price of their votes, sweating sentences or even words.

Continued: https://www.nytimes.com/2023/12/15/us/supreme-court-dobbs-roe-abortion.html


USA – ‘Plain historical falsehoods’: How amicus briefs bolstered Supreme Court conservatives

A POLITICO review indicates most conservative briefs in high-profile cases have links to a small cadre of activists aligned with Leonard Leo.

By HEIDI PRZYBYLA
Dec 3, 2023

Princeton Professor Robert P. George, a leader of the conservative legal movement and confidant of the judicial activist and Donald Trump ally Leonard Leo, made the case for overturning Roe v. Wade in an amicus brief a year before the Supreme Court issued its watershed ruling.

Roe, George claimed, had been decided based on “plain historical falsehoods.” For instance, for centuries dating to English common law, he asserted, abortion has been considered a crime or “a kind of inchoate felony for felony-murder purposes.”

Continued: https://www.politico.com/news/2023/12/03/supreme-court-amicus-briefs-leonard-leo-00127497


Conservatives have pushed infant safe haven laws as an alternative to abortion. But few American women use them

By Isabelle Chapman and Daniel A. Medina
Tue August 9, 2022

As many American women reckon with the sudden loss of their constitutional right to abortion, conservatives have floated an alternative they say makes abortion less necessary: safe haven laws.

The laws, which allow mothers to anonymously abandon infants at hospitals and other designated sites shortly after giving birth, have been in place in all 50 states since 2008.

https://www.cnn.com/2022/08/09/us/infant-safe-haven-law-abortion-invs/index.html


Biden nominates abortion rights lawyer in U.S. Supreme Court case to federal judgeship

July 29, 2022
By Nate Raymond, Reuters

President Joe Biden on Friday nominated a lawyer who represented the Mississippi clinic at the heart of the U.S. Supreme Court's decision to overturn its landmark 1973 Roe v. Wade abortion rights decision to become a federal appeals court judge.

Biden's latest slate of nine new judicial nominees included Julie Rikelman, an abortion rights lawyer with the Center for Reproductive Rights whom the president picked to serve on the Boston-based 1st U.S. Circuit Court of Appeals.

Continued: https://www.reuters.com/world/us/biden-nominates-abortion-rights-lawyer-us-supreme-court-case-federal-judgeship-2022-07-29/


USA – What a Roberts compromise on abortion could look like

It’s a longshot, but court watchers are closely eyeing the chief justice for middle ground on Roe.

By JOSH GERSTEIN
06/19/2022

When the two sides in the abortion debate squared off at the Supreme Court last fall, they agreed on one thing: There was no middle ground.

Now, any hope abortion rights supporters have of avoiding a historic loss before the court lies with Chief Justice John Roberts crafting an unlikely compromise. In the wake of POLITICO’s report last month on a draft majority opinion that would overturn Roe v. Wade, Roberts would have to convince at least one of his five Republican-appointed colleagues to sign on to a compromise ruling that would preserve a federal constitutional right to abortion in some form while giving states even more power to restrict that right.

https://www.politico.com/news/2022/06/19/john-roberts-compromise-abortion-supreme-court-00040720


Women who are denied abortions risk falling deeper into poverty. So do their kids

May 26, 2022
Jennifer Ludden

Like most women seeking an abortion, Brittany Mostiller already had children when she unexpectedly got pregnant again. "I had two young daughters both under the age of 5, sharing a two-bedroom apartment with my sister," she says. She'd also just been laid off from her overnight job as a greeter for Greyhound buses. Her unemployment benefits were less than her wages there, and nearly all of them went toward rent and utilities. "I'm not even sure I had a cellphone at that time," she says. "If I did, it was certainly on and off," to save money.

Continued:https://www.npr.org/2022/05/26/1100587366/banning-abortion-roe-economic-consequences


The Devastating Economic Impacts of an Abortion Ban

The overturning of Roe v. Wade would seriously hinder women’s education, employment, and earning prospects.

By Sheelah Kolhatkar
May 11, 2022

Last December, oral arguments were held before the Supreme Court in Dobbs v. Jackson Women’s Health Organization, the case leading to the leaked draft opinion last week that, if finalized, would overturn Roe v. Wade. During one especially illuminating moment, Chief Justice John Roberts attempted to draw Julie Rikelman—the litigation director of the Center for Reproductive Rights, who was arguing to have a ban on abortions after fifteen weeks in the state of Mississippi overturned—into a back-and-forth about the significance of the cutoff for having access to an abortion. Rikelman made a broader argument, that narrowing women’s access to the procedure could disproportionately harm low-income women or those experiencing personal crises. She turned to numbers to bolster her argument. “In fact,” Rikelman said, “the data has been very clear over the last fifty years that abortion has been critical to women’s equal participation in society. It’s been critical to their health, to their lives, their ability to pursue—”

“I’m sorry, what—what kind of data is that?” Roberts interrupted.

Continued: https://www.newyorker.com/business/currency/the-devastating-economic-impacts-of-an-abortion-ban


The US Supreme Court is wrong to disregard evidence on the harm of banning abortion

Fifty years of research shows that abortion access is crucial for health care and important for equality.

Nature, Editorial
05 May 2022

Abortion could soon cease to be legal across
the United States, according to a leaked draft of a US Supreme Court opinion,
published by news outlet Politico on 2 May. The court’s chief justice, John
Roberts, confirmed that the 98-page document is authentic, but not necessarily
final. If the draft does represent the court’s final position, it will fly in
the face of an overwhelming body of evidence from economists and reproductive-
and public-health researchers who point to the dire, immediate and unequal
impact this ruling will have on hundreds of thousands of people.

Continued: https://www.nature.com/articles/d41586-022-01249-2


Roe Is Dead. Long Live Roe?

The first state constitutional protection of reproductive rights hints at the contradictions and fears of a divided movement.

Judith Levine
March 14 2022

IF THE SUPREME COURT overturns Roe v. Wade, 26 states are “certain or likely to ban abortion,” according to the Guttmacher Institute. In December, the court heard arguments in Dobbs v. Jackson Women’s Health Organization, addressing Mississippi’s Gestational Age Act banning abortion after 15 weeks’ pregnancy. The law is a deliberate violation of Roe, the 1973 ruling legalizing abortion. Most observers expect the conservative majority to rule in Mississippi’s favor. In that case abortion law would revert to the states, where in vast red swaths of this nation it has been so slashed and shredded that it’s already practically confetti.

Continued: https://theintercept.com/2022/03/14/abortion-roe-wade-vermont-human-right/


Red States Aren’t Waiting for the Supreme Court’s Roe Decision to Push New Abortion Bans

BY ABIGAIL ABRAMS
JANUARY 28, 2022

As the Supreme Court weighs the high-profile case that could unwind Roe v. Wade—and, with it, the Constitutional right to abortion—conservative state lawmakers are introducing a wave of new bills aimed at limiting abortion at the state level. While several states have introduced bills mimicking Texas’ controversial six-week abortion ban, at least three more—Florida, Arizona and West Virginia—are considering laws that would ban abortion after 15 weeks of pregnancy, modeled on the Mississippi law at the center of the Supreme Court case.

These bills directly violate the so-called viability standard set by Roe v. Wade, which states that women have the constitutional right to end pregnancies until the fetus is viable. But proponents are betting that the Supreme Court’s decision, which is expected before the end of June, will allow Mississippi’s 15-week ban to stand. They are arguing that the 15-week ban is a more reasonable alternative to the extreme, Texas-style laws that curtail access to abortion after about just six weeks.

Continued: https://time.com/6143345/15-week-abortion-ban-supreme-court/