California Democratic leaders have announced a proposed amendment to the state Constitution that would protect the right to an abortion in California. California state Senate President pro Tempore Toni G. Atkins, state Assembly Speaker Anthony Rendon, and Governor Gavin Newsom revealed the move after the publication of a draft majority opinion from the U.S. Supreme Court that would eliminate the legally established nationwide right to an abortion. For that opinion to become official would, at least in part, pass the issue to state leaders, who could restrict or allow the procedure.
Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW. And if there aren’t 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.
— Bernie Sanders (@SenSanders) May 3, 2022
In a joint statement, Atkins, Rendon, and Newsom commented as follows:
‘California will not stand idly by as women across America are stripped of their rights and the progress so many have fought for gets erased. We will fight. California is proposing an amendment to enshrine the right to choose in our state constitution so that there is no doubt as to the right to abortion in this state. We know we can’t trust the Supreme Court to protect reproductive rights, so California will build a firewall around this right in our state constitution. Women will remain protected here.’
I am asking every member of the Senate right now, what other judicial outrage must we endure from this illegitimate majority before we act?
— Ed Markey (@SenMarkey) May 3, 2022
The draft majority opinion had the reported initial support of five Justices, including its author, George W. Bush appointee Samuel Alito, and all three of Trump’s appointees alongside Clarence Thomas. Reportedly, Chief Justice John Roberts wasn’t interested in completely overturning the legal precedents established by the Supreme Court’s decision in Roe v. Wade, leaving him in the apparent minority with the court’s three Democratic-appointed Justices. The case whose deliberations provided for the preparation of the bombshell draft majority opinion concerns a Mississippi law that, if allowed to remain in effect, would ban most abortions after 15 weeks of pregnancy, which is earlier than state authorities have ordinarily been allowed to impose restrictions on the procedure. According to CNN, a final majority opinion in the case is expected to emerge in late June. Before that point, the alignment of the Justices could potentially change.
A stolen, illegitimate, and far-right Supreme Court majority appears set to destroy the right to abortion, an essential right which protects the health, safety, and freedom of millions of Americans. There is no other recourse. We must expand the court.
— Ed Markey (@SenMarkey) May 3, 2022
Around the country, there are numerous Republicans in positions of state-level power who’d no doubt leap at the opportunity to impose new abortion restrictions, no matter the impacts on the health of the people who’d be affected. Florida Republican Governor Ron DeSantis recently signed a bill into law that appears roughly in line with the challenged Mississippi provisions; the new Florida law bans abortions after 15 weeks with no exceptions for cases involving rape, incest, or human trafficking, although the provisions do include exceptions for instances where performing an abortion will save the life of or prevent serious injury to a pregnant individual. And in Texas, Republican leaders already infamously banned most abortions after some six weeks of pregnancy — a point at which many who are pregnant don’t even know it yet. If the Supreme Court’s Roe decision is overturned, Texas Republicans already passed a law that says almost all abortions at any point will subsequently become illegal there.
Sen. Ed Markey (D-Mass.):
"There is no other recourse. We must abolish the filibuster in order to pass the Women’s Health Protection Act, and we must expand the Supreme Court in order to reclaim the stolen seats, and restore balance and the faith of the American people."
— Jennifer Bendery (@jbendery) May 3, 2022
