League of Women Voters of Texas
Public Statement on
SCOTUS Draft Decision Overruling Roe v. Wade
Austin, TX - Abortion Access
Politico publishes Draft Decision of the Supreme Court Overruling Roe v. Wade
On May 2, 2022, Politico published a leaked draft opinion of the Supreme Court indicating the Court will overturn Roe v. Wade, the 1973 decision that found that women have a constitutional right to abortion. The proposed 98 page opinion authored by Justice Alito can be found at https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473. Five Justices, including Alito are shown as joining in the decision.
This opinion is not final, and it is expected that the official decision will be issued towards the end of the Court’s term in late June. In the meantime, abortion is still legal.
Texas trigger law bans abortion if Roe is overturned
During the last legislative session, a so-called “trigger law” was enacted which would ban abortions if the U.S. Supreme Court overturns Roe v. Wade. This ban would become effective 30 days after a court decision overruling Roe. There are no exceptions for pregnancies that result from rape or incest.
Federal Legislation to protect abortion access
If Roe is overturned, women will have to seek relief from legislation. Several states have enacted legislation that protects abortion rights, but other states, like Texas have gone in the opposite direction. The U.S. House of Representatives passed Women's Health Protection Act, a bill that prohibits governmental restrictions on the provision of, and access to, abortion services in September 2021. In the Senate, the legislation failed to achieve the necessary 60-vote cloture vote that would have moved the bill to the floor.
League of Women Voters of the United States Statement
In response to the leaked Supreme Court draft opinion that would overturn Roe v. Wade and Planned Parenthood v. Casey, LWV president Dr. Deborah Turner and CEO Virginia Kase Solomón issued a joint statement. Read their full statement at https://www.lwv.org/newsroom/press-releases/league-women-voters-responds-leaked-supreme-court-opinion-dobbs-v-jackson.