The Supreme Court’s apparent decision to reverse its landmark Roe v. Wade decision on abortion is a breathtaking mistake, wrong on the law, politics, history and civil rights.
For the first time in the nation’s history, at least five unelected judges seem prepared to rescind the fundamental right of women to control their own bodies. That’s the clear impact of a draft opinion leaked to Politico and published Monday evening.
Women and men who believe in freedom were justifiably outraged after reading the document. Its effect is unmistakable: It would allow states to prohibit all abortions, for whatever reason, at any time, without exceptions for a sick mother, or rape or incest, or any other reason.
It instantly renders women second-class American citizens, with fewer rights than men. It will not end abortions, just safe access to the procedure in some states.
That’s sinister enough. But there’s more: In the opinion, Justice Samuel Alito says Roe v. Wade was “egregiously wrong” because it recognized a right not in the Constitution, or part of the country’s “deeply rooted” history.
That phrase should horrify everyone. It invites states to revoke laws allowing interracial marriage, or gay relationships, or birth control, or any of a number of individual liberties long guaranteed by our founding documents but now subject to the whims of a man in a black robe.
The imperfect arc of American history has always been to expand fundamental rights and freedom. Until now.
We don’t know who leaked the draft opinion, or why. We do know it’s possible the final opinion will be less dictatorial than the one published Monday. At the same time, it’s possible — perhaps likely — that the five judges who want to discard Roe will feel compelled to do so precisely because the leak of the draft makes any other choice difficult.
If the opinion stands, Americans who cherish liberty must stand up. In Missouri, that means supporting the campaigns of legislators who embrace access to safe, legal reproductive health services in the state.
Sadly, Missouri has already passed a so-called “trigger” law that would outlaw almost all abortions if Roe v. Wade is overturned. The effort to guarantee women’s rights in the state will be long and difficult.
The issue extends beyond state legislative races, however. Monday, The Washington Post revealed Republican plans to introduce a national law banning most abortions — an effort that must be resisted by members of Congress and the White House.
Abortion rights must now be at the top of every voter’s agenda. Candidate equivocation will not be acceptable: Do you believe in rights and equality for women, or not? We can vote accordingly.
In Kansas, direct action is more immediately possible. The state’s Supreme Court has said access to abortion is a right guaranteed by the state Constitution. In August, voters will be asked to overturn that decision.
The answer must be a resounding no. Every woman who believes in autonomy — for herself, her daughters and granddaughters, her neighbors and friends — must turn out, and cast a no vote on the amendment. Men, too.
Kansans can send a clear message to the nation: Here, rights matter. We vote no.
