Senior Republicans split over looming abortion ban

The US governors of Massachusetts, New Hampshire and Vermont have all spoken out against the proposed change that has prompted nationwide protests.

Activists attend an abortion rights rally in front of the US Supreme Court Building. Picture: Anna Moneymaker/Getty Images/AFP

Three moderate Republican governors in northeastern states have defied their party colleagues by vowing to protect abortion rights.

In the first hint of a rift among senior Republicans since the leak of a draft Supreme Court opinion that would overturn the controversial Roe v Wade ruling, the governors of Massachusetts, New Hampshire and Vermont all spoke out against the proposed change.

At least 22 states already have anti-abortion laws that will come into effect if, as expected, the Supreme Court overturns the landmark 1973 ruling that established a constitutional right to abortion.

Four more Republican-held legislatures are pushing to ban abortion in the coming weeks.

Charlie Baker, 65, the Massachusetts governor, denounced the looming change as “a massive setback for women in states without responsible laws protecting abortion access and reproductive health services”.

His comments were echoed by Phil Scott, 63, in Vermont, who reaffirmed his support for an amendment to the state’s constitution that enshrines a right to abortion.

“The fundamental rights and liberties of all women will be defended, protected and preserved in Vermont,” he said. “This will remain true regardless of what happens with the Supreme Court.”

Pro-choice activists rally in response to the leaked Supreme Court draft decision to overturn Roe v Wade. Picture: Anna Moneymaker/Getty Images/AFP

Chris Sununu, 47, in New Hampshire, also vowed to protect women’s rights, saying: “So long as I am governor, these health care services for women will remain safe and legal.”

The draft majority opinion written by Justice Samuel Alito, 72, and leaked to the Politico website on Monday has thrown America into turmoil and prompted nationwide protests.

He declared that Roe v Wade was “egregiously wrong from the start” and “must be overruled.”

In a preliminary vote, Justice Alito’s decision was backed by four fellow conservative justices, giving it at least a 5-4 majority on the nine-judge bench. The court is expected to issue its final ruling next month.

Supreme Court Chief Justice John Roberts confirmed the draft opinion was genuine but stressed it was not a final verdict. There appears little doubt, however, that the court will overturn Roe v Wade: it has a 6-3 conservative majority, achieved under Donald Trump, who named three judges to the bench.

Some states are pushing for new restrictions on women before the verdict.

A legislative committee in Louisiana approved a Bill on Wednesday that will allow women who terminate a pregnancy to be charged with murder.

Pro-choice demonstrators chant in front of unscalable fence that now stands around the US Supreme Court in Washington, DC. Picture: Jim Watson/AFP

Pastor Brian Gunter, of the First Baptist Church in Livingston, co-author of the Bill, told reporters: “No compromises; no more waiting. The bloodshed in our land is so great we have a duty to protect the least of these among us.”

President Biden’s administration has vowed to try to codify Roe v Wade into law, but the Democrats do not have the votes to pass the legislation in the Senate, and are expected to lose control of the House of Representatives at the midterm elections in November.

Mr Biden and party leaders urged voters this week to support pro-choice candidates at the midterms, and have promised to make the fight to protect abortion rights a linchpin of the election campaign.

Among despairing supporters, however, there are fears the Republican move to ban abortion will embolden conservatives to attempt to roll back other freedoms previously confirmed by the Supreme Court under the right to privacy, including gay marriage and access to contraception.

Mr Biden himself voiced those concerns this week after learning of the leaked Supreme Court draft.

“This is about a lot more than abortion,” he said. “What happens if you have state changes in the law saying that children who are LGBTQ can’t be in classrooms with other children? Is that legit under the way the decision is written? What are the next things that are going to be attacked?”

Campaigners have been pushing for decades for a ban on abortion, but senior Republicans are wary nonetheless of the impact that the Supreme Court ruling could have on the midterm elections.

Senate Majority Leader Chuck Schumer has vowed to force a vote that would codify Roe v Wade into law. Picture: Anna Moneymaker/Getty Images/AFP

Senate Republicans met to discuss the issue on Tuesday, but in public their remarks have focused on finding the source of the leak rather than the substance of Alito’s ruling.

The Democrats hope that the row will galvanise their supporters in November and persuade swing voters, particularly women, to back Democratic or pro-choice candidates.

Chuck Schumer, the Democratic Senate majority leader, vowed yesterday (Thursday) to force a vote next week on legislation that would codify Roe v Wade into law.

However, the Bill would need 60 votes to pass and is certain to fail: the Senate is tied 50-50 and only a few moderate Republicans might be expected to switch sides.

The Democrats want to force their opponents to state their positions on abortion for the record, however, and to show their own voters that they are still fighting to defend the precedent.

Meanwhile, CNN reported on Thursday that Justice Roberts, in his first public event since Monday, announced an investigation would be launched to find out who leaked the draft document that showed the Supreme Court poised to overturn its landmark Roe v Wade decision.

He said the leaker would be “foolish” to believe they could influence the judges’ positions, and that “one bad apple” would not alter “people’s perception” of the court.

The Times