News : The draft opinion that would overturn Roe v. Wade

Tuesday, May 3, 2022

The draft opinion that would overturn Roe v. Wade

May 03, 2022

Presented by Reproductive Equity Now

SCOTUS SHOCKWAVES — An initial draft U.S. Supreme Court majority opinion obtained by POLITICO that would strike down the landmark Roe v. Wade decision has "stunned" and outraged Bay State abortion-rights advocates vowing to fight to preserve access to the procedure in New England and beyond.

First, a couple of things to keep in mind as we go forward today:

— This is not a final decision by the high court. Justices can and sometimes do change their votes as draft opinions circulate, my colleagues Josh Gerstein and Alexander Ward write.

— Abortion rights are codified in Massachusetts. The Democrat-controlled Legislature, over GOP Gov. Charlie Baker's veto, passed the ROE Act in 2020 to codify and expand access to the procedure. Abortions are legal up to 24 weeks of pregnancy and are allowed afterward in cases of fatal fetal anomaly or to preserve a pregnant person's health. Individuals as young as 16 years old can seek the procedure without consent from a parent or judge.

While the leaked draft is unprecedented, the contents — that SCOTUS has voted to repudiate Roe v. Wade — are not wholly unexpected by abortion-rights advocates and Democrats who've long warned of and girded for such an outcome. And the reaction from those activists and electeds came fast and furious:

Sen. Elizabeth Warren blasted an "extremist Supreme Court … poised to overturn #RoeVWade and impose its far-right, unpopular views on the entire country." Reps. Ayanna Pressley and Lori Trahan were among the Democrats calling on the Senate to pass the Women's Health Protection Act to protect abortion access. Sen. Ed Markey said "We must expand the court."

The state's Democratic gubernatorial hopefuls, Attorney General Maura Healey and state Sen. Sonia Chang-Díaz, said Massachusetts must serve as a "leader" on abortion care and a "sanctuary" for those seeking it. Planned Parenthood League of Massachusetts President/CEO Jennifer Childs-Roshak said Massachusetts "will continue to lead — in our clinics providing care to all who want it and by legislating reproductive health equity in every corner of the Commonwealth." For example: The state House last month tucked $500,000 to expand abortion access into its budget.

Should Roe v. Wade be struck down, activists say Massachusetts could become a haven for women seeking abortion care, including from New Hampshire, where abortions are banned after 24 weeks (although GOP Gov. Chris Sununu is now poised to sign a bill adding exemptions to the law).

"Massachusetts is already seeing patients from New Hampshire travel over state lines to seek care," Reproductive Equity Now Executive Director Rebecca Hart Holder said, adding that more could come.

"While not yet final, this is a heartbreaking moment for people across the nation who believe in gender equality and the right to access an abortion," Hart Holder said in a separate statement. "We are stunned, but we are resolved. … If you believe in abortion rights and reproductive equity for all, we need you in this fight with us. Today."

GOOD TUESDAY MORNING, MASSACHUSETTS. Today is my one-year Playbook anniversary! Thank you to my editors and colleagues who help make this newsletter happen. And thank you for reading. I hope you've enjoyed our journey together so far. Send your comments and critiques to lkashinsky@politico.com, and I look forward to being in your inbox again tomorrow!

TODAY — Baker is in D.C. meeting with Biden administration officials on offshore wind, Cape Cod bridges and other transportation infrastructure investments. Baker will meet with Deputy Energy Secretary David Turk, Centers for Medicare and Medicaid Services Administrator Chiquita Brooks-LaSure, National Economic Council Director Brian Deese, Biden's senior advisor for infrastructure coordination Mitch Landrieu, National Parks Service Director Charles Sam and Amtrak President and CEO Stephen Gardner. Baker returns to Massachusetts this evening, his office said. Rep. Katherine Clark tours three community projects in Framingham beginning at 1 p.m. at FSU.

DATELINE D.C.

— "10 key passages from Alito's draft opinion, which would overturn Roe v. Wade," by Josh Gerstein, POLITICO: " Justice Samuel Alito's draft opinion, which would overturn Roe v. Wade, wages a frontal assault on the reasoning of the landmark 1973 opinion that found a federal constitutional right to abortion. Alito's draft is labeled as a proposed majority opinion, though the wording of the court's ultimate ruling and the line-up of justices who support it could change before final release, expected by late June or early July."

— "Democrats hope draft abortion opinion will jolt midterm elections," by Sarah Ferris and Marianne LeVine, POLITICO: "The disclosure of a draft majority opinion that indicates the Supreme Court has voted to overturn Roe v. Wade instantly jolted Democrats from a bout of political malaise Monday night — and many hope it could change the tide of the midterm elections. ... Rep. Katherine Clark (D-Mass.), a member of party leadership, said the court's draft majority opinion would 'make the dystopian horrors of forced pregnancy a reality.'"

A message from Reproductive Equity Now:

Abortion rights are under attack like never before. Right here in Massachusetts, thousands of college students live in "access deserts" where the nearest abortion provider is an hours-long trip away. That cannot stand. Navigating an unplanned pregnancy is stressful. But accessing medication abortion shouldn't be. We have an opportunity to ensure that abortion care is accessible to all across the Commonwealth. State legislators must pass An Act to Require Public Universities to Provide Medication Abortion. Learn more.

DATELINE BEACON HILL

— READING BETWEEN THE LINES: The state's power brokers gathered Monday for their first leadership meeting in a month, and the resulting press conference was more notable for what top lawmakers didn't say than what they did.

KEEPING THEIR CARDS CLOSE — Karen Spilka insists that as Senate president, it's her job to build consensus behind bills, not offer her own opinions on them. But the Ashland Democrat often votes on the legislation she shepherds, and people still want to know where she stands on sports betting. State Sen. Eric Lesser offered Spilka some cover last week by calling for a voice vote rather than a roll-call vote on the sports betting bill, which both he and Spilka have now defended. Asked twice yesterday how she would've voted, Spilka didn't give a direct answer, but she pointed to her opposition to the 2011 bill that legalized casinos and said "people know how I feel about gaming in general."

Then there's House Speaker Ron Mariano. College sports betting is expected to be a sticking point in the upcoming negotiations between chambers in large part because Mariano said last year that sports wagering without a college option "probably would be" a dealbreaker for him. Now that senators have banned it in their bill, the Quincy Democrat told reporters that "we have to deal with the fact that a large portion of potential betting events will still be in the hands of the black market." But is it still a dealbreaker? No straight answer there, either.

Mariano and Spilka won't show their hands before their negotiators reach the table. But by obfuscating one of the most important pieces of legislation — at least from a public interest standpoint — winding through the Legislature right now, House and Senate leaders are setting up already closed-door negotiations to be even more opaque.

TAX EVASION — Mariano said top Democrats are still looking at tax relief options but that he's "not sure" what might emerge, or when. The Revenue Committee has until Wednesday to decide the fate of Gov. Charlie Baker's $700 million tax relief package — or members could just ask to extend their deadline.

IT'S COMPLICATED — Spilka offered no update on Senate staffers' month-old request to recognize their union. "I have referred that to Senate counsel. There's a lot of complex, thorny issues to work through. So we are awaiting a response and we'll proceed after that," Spilka said.

— "Voter registration issue poses 'problem' in pending driver's license bill for undocumented immigrants, Gov. Charlie Baker says," by Alison Kuznitz, MassLive: "Days before the Massachusetts Senate is expected to pass a bill allowing undocumented immigrants to apply for driver's licenses, Gov. Charlie Baker resurfaced his concern that it could lead people to be erroneously registered to vote in the commonwealth."

VAX-ACHUSETTS

— "Mass. parents of K-12 students still concerned about Covid-19, poll says," by Benjamin Kail, Boston Business Journal: "Massachusetts parents remain worried about the health risks posed by Covid-19, with nearly half concerned their children could get infected at school and with strong majorities supporting regular testing and other mandates, a new poll suggests. In a MassINC Polling Group survey of almost 1,500 parents of K-12 students, 48% said they're at least somewhat concerned about in-school infections. Even with 52% of respondents saying 'we should accept more risk in general so our children can have full experiences in school and activities,' 40% still believe 'we should generally limit risk so our children are better protected.' The survey also suggested more than half of parents favor both vaccine and mask mandates."

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FROM THE HUB

— "DA Hayden to offer alternate route for those arrested at Mass. and Cass," by Milton J. Valencia, Boston Globe: "Amid increasing incidents of violence and vagrancy in the area of Mass. and Cass, Suffolk District Attorney Kevin Hayden is taking a new approach to address crimes there that are related to substance abuse and mental illness: help, instead of prosecution. … Instead of facing the courts, defendants whose crimes are rooted in mental illness or substance use will have the option of choosing instead to participate in a treatment program. If they stay with the program, their charges could be dismissed or they could avoid jail, allowing them to get help while circumventing the criminal justice system."

— "Suffolk DA probe of events leading to Juston Root's death complicated by conflict of interest, e-mail shows," by Danny McDonald, Boston Globe: "An investigation by the Suffolk district attorney's office into the events that led to the death of Juston Root, who was fatally shot by police in 2020 after brandishing a fake gun, has been complicated by a conflict of interest that arose from a leadership transition, according to an e-mail obtained by the Globe. … 'As part of the transition, we have a new General Counsel, who prior to coming aboard, worked as counsel for the City of Boston and therefore had dealings with the officers involved in the incident,' the [DA office] representative wrote. 'As a result, our office now has a conflict of interest and must bow out of the case.'"

— "Former prosecutor 'on leave' after allegedly paying Methadone Mile prostitute $40 for sex act," by Joe Dwinell, Boston Herald: "A former prosecutor busted for allegedly paying a Methadone Mile prostitute $40 for a sex act is not working at his law firm and faces being disbarred if found guilty. That attorney, Bruce Singal, 73, 'is on a leave of absence,' David Rubin, the managing partner of the Boston office of Hinckley Allen told the Herald Monday."

PLANES, TRAINS AND AUTOMOBILES

— "Faulty equipment blamed for Red Line passenger death," by Bruce Mohl, CommonWealth Magazine: "A preliminary report released by the National Transportation Safety Board indicates a 'fault in a local door control system' was likely the cause of an April 10 accident on the MBTA's Red Line that resulted in the death of 39-year-old Robinson Lalin of Boston. The preliminary report, released Monday morning, said Lalin was fatally injured as he attempted to exit the train at Broadway Station as the train doors were closing. Details were not provided, but it appears that somehow Lalin made it through the door and then got his arm snagged as the door clamped shut."

A message from Reproductive Equity Now:

ON THE STUMP

— CASH DASH: State Attorney General Maura Healey raised $376,396 for her gubernatorial bid in April, her campaign said. It's the first month since December that she's raised less than $400,000. Still, her cash on hand grew again and now sits at $4.85 million. Her Democratic and Republican rivals have yet to release their April hauls.

— ON THE AIRWAVES: Republican Chris Doughty is buying more radio ads to promote his gubernatorial bid, for a total of $39,000 so far, according to AdImpact.

— "East-West rail is a solution to transportation woes in Western Mass., but driver's licenses for undocumented immigrants a 'mistake', GOP gubernatorial [hopeful] Geoff Diehl says," by Alison Kuznitz, MassLive: "As Republican gubernatorial hopeful Geoff Diehl condemned a controversial bill the Senate will tackle later this week to allow undocumented immigrants to obtain driver's licenses, he also voiced support for East-West rail to overcome a gaping lack of public transportation infrastructure in Western Massachusetts."

— More: "Diehl drops signatures, says he's reached ballot threshold," by Matthew Medsger, Boston Herald: "The Whitman Republican said his campaign has turned over 12,395 signatures to the secretary of the commonwealth. A party-affiliated candidate needs just 10,000 signatures to make the ballot."

— "Candidates for Mass. lieutenant governor call out 'crisis' of job loss among mental health, addiction treatment workers," by Kiernan Dunlop, MassLive: "Five Democratic candidates for lieutenant governor tackled how to stem job losses in essential human services fields including addiction treatment, elderly services, mental health and disability care where workers have left in droves since the start of the pandemic."

— "These are the top donors to Petty and Kennedy campaigns in race for Senate seat," by Marco Cartolano, Worcester Telegram & Gazette: "Prominent Central Massachusetts figures have given money to both sides of the race to succeed state Sen. Harriette L. Chandler of Worcester. Worcester Mayor Joseph M. Petty had more money on hand than his competitor, Robyn K. Kennedy, as of the end of March, according to filings from the state Office of Campaign and Political Finance. Petty had $58,596 to Kennedy's $26,453."

DAY IN COURT

— "Boston's flag rejection violated Christian group's First Amendment rights, Supreme Court rules," by Saraya Wintersmith, GBH News: "The U.S. Supreme Court ruled unanimously Monday the City of Boston violated the constitution by refusing to fly a Christian group's flag at city hall while permitting other organizations to raise their flags. … A city spokesperson said the Wu administration is 'carefully reviewing' the Supreme Court's decision 'and its recognition of city governments' authority to operate similar programs.'"

— "SJC dismisses challenge to state mask mandate," by Shira Schoenberg, CommonWealth Magazine: "The Supreme Judicial Court on Monday dismissed a lawsuit challenging the statewide mask mandate, agreeing with state and local officials that the case is moot because the mandate has been lifted. The case centers on Arianna Murrell, the owner of a Lynn tax preparation business, Liberty Tax Service, who banned the wearing of masks inside her business while the statewide mask mandate was in effect."

— "SJC hears arguments in dental referendum lawsuit," by Christian M. Wade, Newburyport News: "The state's highest court is considering a legal challenge that could knock a proposal to set spending controls on dental insurers off the November ballot. On Monday, the Supreme Judicial Court heard oral arguments in a lawsuit that asks justices to declare that the wording of the ballot question is unconstitutional."

FROM THE DELEGATION

— "Rep. McGovern on meeting with Volodymyr Zelenskyy: 'We have to do whatever is necessary to help alleviate this humanitarian crisis'," by Rebecca Tauber, GBH News: "[Rep. Jim] McGovern said that [Ukrainian President Volodymyr] Zelenskyy expressed gratitude for support thus far, while calling for more foreign aid. When asked if he thought the U.S. was doing enough, the congressman referenced a new multi-billion dollar aid package for the Ukrainian military he expects will move forward soon in Congress. He also emphasized the global importance of supporting refugees fleeing Ukraine, having visited Poland with the delegation as well."

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IT'S NOT EASY BEING GREEN

— "UMass Amherst will list carbon impact of individual dishes in dining halls, becoming first college to do so, it says," by Will Katcher, MassLive: "What impact does that chicken sandwich have on the health of Earth? Students at the University of Massachusetts Amherst will soon know. The school plans to rate the individual carbon footprint of each dish on its menu, allowing diners to assess the environmental impact of their personal culinary choices."

MARIJUANA IN MASSACHUSETTS

— "Hoffman resigns as chair of Mass. Cannabis Control Commission," by Dan Adams, Boston Globe: "Steve Hoffman has resigned as the chair of the Massachusetts Cannabis Control Commission, leaving the state's marijuana regulatory agency leaderless months before his five-year term was set to expire at the end of August."

A message from Reproductive Equity Now:

The future of Roe v. Wade hangs in the balance and abortion rights are under attack like never before. Here in Massachusetts, we have an opportunity and obligation to ensure that abortion care is accessible to all people across the Commonwealth. But right now, thousands of college students across Massachusetts live in "access deserts." Without access to medication abortion on campus, some students are forced to travel for hours on public transportation to access care. We must ensure that the Commonwealth is a beacon for reproductive freedom — and that starts with improving access to care on our college campuses. That's why state legislators must pass An Act to Require Public Universities to Provide Medication Abortion. Navigating an unplanned pregnancy is stressful. Accessing medication abortion shouldn't be. Learn more.

THE LOCAL ANGLE

— "AG's investigation finds school officials failed to respond to 'several years' of bullying," by Paul Leighton, Salem News: "An investigation by the state Attorney General's office found that Danvers school officials failed to properly respond to 'several years' of bullying and harassment by players on the high school hockey team and that former coach Steve Baldassare failed to prevent the development of a 'toxic team culture.' Attorney General Maura Healey announced the findings Monday, saying her office has reached a resolution with the Danvers Public Schools after an extensive investigation into the allegations. The resolution requires the district to take 'significant steps' to prevent, investigate and address hate and bias incidents, particularly in its athletics program."

HAPPY BIRTHDAY — to White House national climate adviser Gina McCarthy, Ben Ginsberg, Andrew Miga and Peter Brown of Peter Brown Communications. Happy belated to the Boston Herald's Alexi Iafrato, who celebrated Monday.

ENGAGED — Zach Eisenstein, communications manager at The Trevor Project, on Saturday proposed to Sean Cummings, associate director of membership and major gifts at the American Repertory Theater at Harvard University. The two met doing forensics (competitive speech) in high school, where they were then both recruited to compete at the collegiate level at George Mason University. Pic.

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