Roe v. Wade was a 7-2 decision. It’s been a hard precedent for five decades.
So when the news broke on Monday night that the Supreme Court was readying a 5-4 decision to ignore this precedent and end abortion rights as we know them in this country, it became clear to me: SCOTUS justices lied under oath when they were testifying to Congress on this question.
But don’t just take it from me. Here’s what Justice Neil Gorsuch had to say about Roe v. Wade during his 2017 confirmation hearing:
“It is a precedent of the U.S. Supreme Court. It was reaffirmed in Casey in 1992 and in several other cases. So a good judge will consider it as precedent of the U.S. Supreme Court worthy as treatment of precedent like any other.”
And here’s what Justice Brett Kavanaugh had to say about Roe v. Wade during his 2018 confirmation hearing:
“It is settled as a precedent of the Supreme Court, entitled the respect under principles of stare decisis. The Supreme Court has recognized the right to abortion since the 1973 Roe v. Wade case. It has reaffirmed it many times.”
Finally, here’s what Justice Samuel Alito — who drafted the presumed majority opinion on Roe v. Wade that leaked Monday — had to say during his 2006 confirmation hearing:
“Roe v. Wade is an important precedent of the Supreme Court. It was decided in 1973, so it has been on the books for a long time. It is a precedent that has now been on the books for several decades.”
If the Supreme Court strikes down Roe v. Wade, who's to say they won't come after other fundamental rights, like gay marriage or interracial marriage next? This draft decision completely undermines and delegitimizes the Supreme Court as a body that can make decisions that are not just purely political.
Yes, I’m angry. But here’s the thing: there is still time to act to protect abortion rights. The Senate must step up and codify Roe v. Wade without delay. If you’re still with me in this fight for reproductive rights, chip in $3 now:
I refuse to stand idly by while a group of far-right justices reverses 50 years of precedent.
It has been a tough week, but I refuse to give in to despair. I will keep fighting tooth-and-nail to codify Roe v. Wade into law, and I’m more grateful than ever to have this movement on my side.
In solidarity,
Pramila