Mizzou law professor, statewide rights groups react to the Roe v. Wade draft opinion leak
The leak of a draft opinion from Supreme Court Justice Samuel Alito late Monday that indicates the overturning of Roe v. Wade set off a flurry of reactions about the future of abortion procedures in the United States.
Abortion-rights advocates expressed it confirmed their worst fears.
Anti-abortion groups, meanwhile, echoed each other in welcoming the potential reversal while waiting to see what the court's final opinion says.
The draft opinion is not final.
Legislation like Missouri's 2019 trigger law, which would ban most abortions in the state if Roe v. Wade is overturned, is not yet activated. While states like Missouri have whittled away abortion access, the 1973 Roe decision has prevented an outright ban.
Republican Attorney General Eric Schmitt on Tuesday said he would take immediate action to allow an abortion ban to take effect if the landmark ruling is overturned. Under the law, abortions would only be allowed to save the life of the mother. Performing an illegal abortion would be a felony punishable by 5 to 15 years in prison.
The Supreme Court draft presents a reversal of the court previously saying abortion access is a fundamental right for women.
More: Abortion is still legal in Missouri. Here's what could happen if Roe v. Wade is overturned
While the Supreme Court has overruled itself before, this reversal of fundamental rights language is noteworthy, said Rigel Oliveri, the Isabelle Wade and Paul C. Lyda Professor of Law at the University of Missouri.
"The Supreme Court has periodically recognized certain things to be fundamental rights people have, even though those rights are not clearly spelled out in the Constitution," Oliveri said.
These rights include those relating to privacy and personal liberties, she said.
"There is a lot of private personal behaviors the Supreme Court has recognized is not what the states should interfere with," Oliveri said. "This will be the first time for the court to recognize something as a fundamental right and then take it back.
"Rights usually only work in one direction. It's hard to imagine, but it appears to be happening. What used to be a one-way ratchet now is going in the other direction."
What Missouri Right to Life and a Columbia-based anti-abortion agency are saying
Missouri Right to Life has aligned its reaction with National Right to Life, which is waiting "for the (Supreme) Court's official opinion." The state organization shared the national statement to the group's Facebook page.
"Continue to pray for the Justices and our Nation as we await the official opinion of the court," Missouri Right to Life wrote on social media.
Choose Life Marketing, a Columbia-based anti-abortion marketing agency, celebrated the language from the draft opinion.
"The overturning of Roe vs. Wade does not result in a national ban on abortion. Instead, it redirects discussion and legislation back to the states as the United States Constitution intended," wrote Nelly Roach, agency president, in a statement.
Choose Life will keep connecting women to "life-affirming resources and support in their communities and away from the predatory efforts of the abortion industry," Roach said.
More: Supreme Court verifies authenticity of leaked opinion in abortion case but says decision not final
An inquiry to the National Institute of Family and Life Advocates, which oversees the Life Network of Central Missouri and its clinic in Columbia, was not returned by press time.
What Pro-Choice Missouri is saying
Mallory Schwarz, Pro-Choice Missouri executive director, wrote in a statement Tuesday the leaked opinion "confirmed our worst fears."
"We anticipate this ruling, as all abortion restrictions and bans before it, will have an immediate and devastating impact, particularly among those most at risk: Black people, people of color, people surviving economic insecurity, trans people, immigrants, youth, and people with disabilities," Schwarz wrote.
Even while preparing for Roe v. Wade to be overturned, it's clear Roe has never been enough, as abortion services have been "inaccessible in Missouri for years," she wrote. Thousands of pregnant women must travel out of the state to access abortion, she said.
"We may not have the votes on our side to stop these attacks in Missouri, but we have something much more important: The majority of Missourians do not support bans on abortion and we will continue to stand with them no matter what," Schwarz wrote.
More: What Missouri's elected officials, candidates are saying about Roe v. Wade SCOTUS draft
Pro-Choice Missouri hosted an Instagram Live event on Tuesday with Rep. Cori Bush, D-Missouri, to gauge her reaction.
Bush reiterated the document leaked Monday was a draft. While not a final opinion, it is shaping up to be what the Supreme Court ultimately will release, possibly at the end of June or early July, she said.
She encouraged those already with abortion service appointments to keep them.
"Last night when the draft opinion was leaked, I didn’t believe it at first," Bush said. "Once I found out it was real ... it was a very difficult morning."
Bush is pushing for the U.S. Senate to abolish the filibuster so the Women's Health Protection Act can pass there. It passed the U.S. House in September, but failed to get enough votes to proceed in the Senate.
Pro-Choice Missouri is keeping its eye on the Missouri General Assembly, which is in the last two weeks of its session and seeking to pass further abortion restrictions, Schwarz wrote.
Could Congress pass a law to sustain the Roe decision?
Bush made a further push for people to keep pressure up on legislators to pass bills protecting women's health care rights.
This includes codifying the Roe v. Wade decision at the national level.
Codifying Roe if the Supreme Court ultimately overturns its original ruling is an uphill and nearly impossible battle, Oliveri said.
"It would be very difficult for (Congress) to prevent states from regulating or criminalizing abortion in the absence of some kind of Constitutional statement from the Supreme Court," she said.
While Congress could pass a law that says abortion is a right women should have, states still could pass a law saying it is illegal, Oliveri said.
More: 'Whole range of rights could now be at risk' if Roe v. Wade is overturned, Biden says: Live updates
Congress would need to preempt this area of law from the states, which is not going to happen, she added, explaining Congress preempts states on immigration or certain environmental law matters.
"Those are usually areas where Congress already is seen as having special dominance or expertise," Oliveri said. "For something like abortion, Congress hasn't comprehensively regulated things like health care, procedures or reproductive rights.
"It's hard for me to imagine a circumstance in which Congress could preempt the field. It would have to take over comprehensive regulation, and it is not going to do that."
Charles Dunlap covers courts, public safety and other general subjects for the Tribune. You can reach him at cdunlap@columbiatribune.com, or @CD_CDT on Twitter. Please consider subscribing to support vital local journalism.
This article originally appeared on Columbia Daily Tribune: Missouri groups react to Supreme Court Roe v. Wade overturn draft leak
