PHILADELPHIA (KYW Newsradio) — The U.S. Supreme Court overturned Roe v. Wade Friday morning in a 5-4 majority, confirming the implication from the ruling draft that was leaked in May. It now leaves the status of abortion legality up to individual states.
Chief Justice John Roberts confirmed the veracity of the draft after it leaked, authored by Justice Samuel Alito and joined by enough members of the court to become law.
On Friday, Alito issued the final opinion, and was joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. The latter three justices are Trump appointees. Thomas first voted to overrule Roe 30 years ago.
Related
Now that SCOTUS has ended constitutional protections for abortions that had been in place for nearly 50 years, the question remains: What will happen in Pennsylvania?
What is the current state of abortion laws in Pennsylvania?
Thirteen states have trigger laws that have immediately made abortions illegal now that Roe v. Wade is overturned. Pennsylvania is not among them.
However, Pennsylvania does not have any laws on the books that would protect abortion rights either. Neighboring states New Jersey and Delaware do have explicit laws confirming abortion rights.
Pennsylvania currently permits abortions up to six months, with some limitations — for example, a pregnancy cannot be ended based on the sex of the fetus.
State law does limit the use of public funds for abortions — only in the case of rape, incest or if the mother’s life is at risk. There are also requirements, including parental consent for anyone under the age of 18, a 24-hour waiting period, and a discussion of alternatives to abortion.
After Justice Amy Coney Barrett was confirmed to the Supreme Court in October 2020, Pennsylvania was one of several states where legislation was introduced that would significantly alter access to abortions — alterations that would have been prohibited under Roe v. Wade.
Several bills in the Pennsylvania Legislature have cleared committee. One in the state Senate would amend the state Constitution to say there is no right to abortion or right to funding for abortion. Another would block state funding to heath care facilities that perform abortions.
Bills in both the state House and Senate would prohibit abortion once a heartbeat could be detected. While there is debate over when the heart actually forms, for purposes of this bill, that could be as early as three weeks.
Related
Meanwhile, in neighboring New Jersey, abortion law is codified. Gov. Phil Murphy signed the Reproductive Freedom Act into law in January, protecting access to abortions at any stage of pregnancy and for any reason.
“Throughout our administration, I have fought for a single, basic principle that this must be a decision made between a woman and her doctor, period,” Murphy said Tuesday in response to the Roe leak.
How would overturning Roe v. Wade change those Pennsylvania laws?
In May, Democratic Gov. Tom Wolf assured Pennsylvanians that there wouldn't be any “immediate impact" in the event Roe was overturned.
“I’m still governor, so I [have] my veto pen,” Wolf said on Pittsburgh-based KDKA Newsradio in May. “I’ve stood firm against assaults on a woman’s right to choose, and I will continue to do that as long as I’m in office.”
GOP majorities in the state House and Senate passed bills in 2017 and 2019 that would have further restricted abortion access in Pennsylvania. Wolf vetoed both.
With Wolf’s term coming to an end, eyes are now on the governor’s race to see who will replace him: GOP candidate Doug Mastriano who is staunchly anti-abortion, or Democratic candidate Josh Shapiro, who is for abortion rights and called Friday a "devastating day in America" on Twitter.
Related
What effect will the decision have on the governor's race?
With the the Republican-led legislature is in position to pass bills that would outlaw or severely limit access to abortion, abortion will be a central topic in the Pennsylvania governor’s race. Ultimately, the governor elected in November will determine the future of abortion rights in Pennsylvania.
“The stakes in this governor's race could not be more clear. And the contrast between me and my dangerous opponent could not be greater,” said Democratic gubernatorial candidate Josh Shapiro.
Republican candidate Mastriano has called the date of the Supreme Court’s Roe decision, Jan. 22, 1973, “one of the darkest days in American history.” He’s the primary sponsor of legislation in Pennsylvania that would ban abortion as early as six weeks into a pregnancy.
Republican political strategist Aaron Cohen says, not to downplay the issue or sidestep the debate, but looking at recent polls, the governor’s race is neck-and-neck.
“I think if you're motivated to vote on this issue, you already know who you're voting for. And you're probably likely to come out and vote because you knew this was coming,” Cohen said.
Shapiro, for his part, says he is dismissing the talk of political consultants. “I know that the people of Pennsylvania care about their fundamental freedoms,” he said.
Mastriano did not respond to a request for an interview, but says the decision is “a triumph for innocent life,” adding “it must not take our focus away from key issues facing Pennsylvania families.”
Read more reactions from local politicians.
How have Philadelphians, politicians reacted to the prospect of overturning of Roe v. Wade?
Paula Terreri from South Philadelphia is opposed to abortion, no matter what the circumstances.
“If the mother doesn’t want that child, put the baby up for adoption,” Terreri said.
Related
Kate Loitz, 72, said a relative died from an abortion that was illegal at the time. Loitz said the leaked Supreme Court opinion shakes her confidence in the government’s ability to make laws for the people they serve.
“We have seven Catholics on the Supreme Court. How representative is that of the United States? It's simply not,” said Loitz. “I just think this country has been taken over by an extremist agenda that does not respect the rights of human beings.”
“Please vote. We would like to see a pro-life governor,” said Tom Stevens, president and CEO of the Pro-Life Union of Greater Philadelphia. “Pennsylvania stays the same, no matter what happens to Roe v. Wade. It’s up to our state, our commonwealth, to make a change.”
Dayle Steinberg, the CEO of Planned Parenthood of Southeastern Pennsylvania, also stressed that, for now, abortion would still be legal in Pennsylvania regardless of the potential Supreme Court ruling. She added that could change depending on the results of the 2022 election.
“People are distraught because they see the real threat about the rights that they've depended on being removed,” said Steinberg.
“We know about the harm that's going to come from this decision.”
Sen. Bob Casey, a Democrat from Pennsylvania, shared his worries about the implications of the decision.
“If this draft opinion becomes the final opinion of the Court, I have serious concerns about what overturning almost 50 years of legal precedent will mean for women in states passing near or total bans on abortion," Casey said in a statement.
"Congress should be working to reduce the number of abortions and unintended pregnancies and doing much more to support women and families," he said.
Hadas Kuznits, John McDevitt and the Associated Press contributed to this report.