Killing Roe may not end this Supreme Court's erosion of 'privacy-based rights,' Politico's Gerstein says
The Supreme Court is on the verge of striking down Roe v. Wade, the 1973 ruling that recognized a constitutional right to legal abortion, according to a draft majority opinion by Justice Samuel Alito published by Politico on Monday night. The three cable news networks all covered this bombshell Monday night, with slightly different emphases.
"My initial reaction is that it's stunning on so many levels," legal analyst Joan Biskupic told Anderson Cooper on CNN. Chief Justice John Roberts, "already concerned about the integrity of the court, and public opinion of the court," seemed ready to uphold Mississippi's 15-week abortion ban while not overturning Roe, she said, explaining why "it was really in the interests of no one, of the nine justices, to have it come out like this."
"Obviously this is a very unusual, if not completely historically unprecedented leak" MSNBC's Rachel Maddow told Politico's Josh Gerstein, one of the two reporters who broke the story. "We are very confident in the authenticity of this draft majority opinion," Gerstein said, but "this final decision likely won't be published until the end of June, perhaps even the beginning of July," and "I can't promise you that various things may not change between now and late June."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
![https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg](https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516-320-80.jpg)
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
In his draft, Alito doesn't preclude a federal abortion ban, but "if we move away from abortion to other privacy-based rights such as contraception, rights like gay marriage, he does try to ring-fence this opinion and say all we're talking about is abortion — he mentions that several times," Gerstein noted. "That said, I'm old enough to know that the court many times has said, 'Don't try to apply our opinion on X to this situation Y, because it's different,' and yet it often does get applied that way."
The Washington Post reported Monday morning that Republicans have been strategizing on how to enact a nationwide ban should the Supreme Court strike down Roe, Maddow noted, and "to have that paired tonight with this draft opinion saying that the Supreme Court is about to clear the way just for that means that we are on the precipice of becoming a very different country, and our daughters and granddaughters living in a very, very different world," where the state determines if they give birth or not.
"If this report turns out to be true," Sean Hannity highlighted on Fox News, "abortion will now be regulated at the state level, meaning it is not going to be illegal, probably, in most states in the United States," though "there'll be various restrictions."
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Ukraine's Olympians: going for gold in the line of fire
Under the Radar Hundreds of the country's athletes have died in battle, while those who remain deal with the psychological toll of war and prospect of Russian competitors
By Harriet Marsden, The Week UK Published
-
'Democrats now have a chance to present a vigorous, compelling case'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
What has Kamala Harris done as vice president?
In Depth It's not uncommon for the second-in-command to struggle to prove themselves in a role largely defined by behind-the-scenes work
By Theara Coleman, The Week US Published
-
Menendez convicted of bribery, fraud, and extortion
Speed Read The New Jersey Democratic Senator was found guilty in a federal corruption trial
By Rafi Schwartz, The Week US Published
-
Florida judge dismisses Trump documents case
Speed Read Judge Aileen Cannon ruled that special counsel Jack Smith was improperly appointed
By Rafi Schwartz, The Week US Published
-
How could J.D. Vance impact the special relationship?
Today's Big Question Trump's hawkish pick for VP said UK is the first 'truly Islamist country' with a nuclear weapon
By Harriet Marsden, The Week UK Published
-
'Fascism feasts on violence'
Instant Opinion Opinion, comment and editorials of the day
By Justin Klawans, The Week US Published
-
Hamas says military chief survived Israeli strike
Speed Read An Israeli bombing failed to hit its intended target, military commander Mohammed Deif, but killed at least 90 Palestinians
By Peter Weber, The Week US Published
-
Biden, Trump urge calm after assassination attempt
Speed Reads A 20-year-old gunman grazed Trump's ear and fatally shot a rally attendee on Saturday
By Peter Weber, The Week US Published
-
First Israeli report on Oct. 7 finds 'severe mistakes and errors' in IDF response
Speed Reads Israeli military admits failures in response to deadly Hamas attack that triggered Gaza war
By Rafi Schwartz, The Week US Published
-
Is Amy Coney Barrett the Supreme Court's new swing justice?
Today's Big Question Still conservative, but independent
By Joel Mathis, The Week US Published