President Joe Biden on Tuesday responded to the Supreme Court draft opinion that would strike down Roe v. Wade, reiterating his support for abortion rights and his belief that the landmark 1973 ruling should “not be overturned.”
Biden’s statement, released by the White House, came after POLITICO on Monday published an initial draft majority opinion written by Justice Samuel Alito that would undo Roe’s guaranteed federal protections of abortion rights — as well as a subsequent 1992 decision, Planned Parenthood v. Casey, that largely maintained those rights.
Biden acknowledged that White House officials “do not know whether this draft is genuine, or whether it reflects the final decision” of the Supreme Court. But he said he believes “that a woman’s right to choose is fundamental, Roe has been the law of the land for almost fifty years, and basic fairness and the stability of our law demand that it not be overturned.”
Biden also noted that — amid a rash of state legislation in recent months aimed at limiting abortion rights and access — he had directed the White House Gender Policy Council and the White House counsel’s office “to prepare options for an Administration response … under a variety of possible outcomes in the cases pending before the Supreme Court.” He added: “We will be ready when any ruling is issued.”
Finally, Biden warned that if the Supreme Court “does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose. And it will fall on voters to elect pro-choice officials this November.”
Congress “will need more pro-choice Senators and a pro-choice majority in the House to adopt legislation that codifies Roe, which I will work to pass and sign into law,” Biden said.