Yes, it is not surprising and yes, it is scary that the leaked first draft of the Supreme Court’s opinion trashing Roe v. Wade takes such a hard-core path to overturning a nearly fifty-year-old precedent. But there are some points to ponder.
First, it is a draft. It could be a version of an opinion that was sent around to garner opinions from the other justices. The other justices may take their own swipes at it — or support it. But it’s not the final version. I’m not saying they will flip it back and support the right to abortion, but they may work in some weasel-words to soften the blow. Cold comfort.
Second, per Balloon Juice, the people most upset about this leak are not the supporters of abortion rights, but the Republicans who are seeing it as some kind of political subterfuge to beat them at the polls in November. It’s no surprise that they would be more worried about their political prospects than they are about women and their health and reproductive rights.
Finally, as Anne Laurie notes,
Assuming the far-right fetus fetishists’ most fervent fantasies were to be enacted by the end of the summer (they won’t be), we have everything from widespread internet access, to major improvements in contraceptive and post-coital medicine, to the dissemination of information on safe pharmaceutical abortion — not to mention fifty years of lived experience in a post-Roe nation — on the side of women’s rights and human justice.
This is one more battle in the Long War. We all hoped it wouldn’t come to this, but only the most optimistic among us assumed it couldn’t come to this.
The scariest thing to me is that this sets the course for the Court to overturn other rulings such as contraception and marriage equality.