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Wait for High Court’s final abortion ruling

We got a taste this week of the predicted public uproar that would follow the U.S. Supreme Court overturning its landmark 1973 Roe v. Wade decision. But a leaked draft signaling the court would go in this direction is just that: a draft. Everyone needs to take a deep breath and await the court’s final decision.

That probably won’t come until next month, at the end of the High Court’s term.

Supreme Court Chief Justice John Roberts on Tuesday confirmed the draft’s authenticity, and said the unusual leak — which he called an “egregious breach of trust” — would be investigated immediately.

In a closely watched case out of Mississippi, Dobbs v. Jackson Women’s Health Organization, the court’s decision could overturn or significantly weaken federal abortion rights under Roe.

“Roe was egregiously wrong from the start,” states the draft opinion, penned by Justice Samuel Alito, an appointee of former President George W. Bush. The document is labeled “1st Draft” of the “Opinion of the Court.”

The draft continues: “We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

The leak seems aimed at manipulating the court, which is in effect turning the court into what it’s not supposed to be — a political body that’s swayed by public outcry and opinion.

As with any first draft, this one is likely to change before the final one is made public by the court.

Yet no matter what the justices decide when it comes to upholding or doing away with Roe, it’s important to keep a couple of things in perspective.

Even if the Supreme Court overturns Roe, this doesn’t end abortion access in the country. It would send the matter back to the states, which is where it would be best debated.

That’s not to say this wouldn’t be a big deal, but states could then decide how little — or how much — abortion access they would grant. And voters could directly hold their decision makers accountable at the ballot box.

This is the essence of federalism.

The impact of overturning Roe would be felt differently around the country, although some research has indicated legal abortions would only likely drop by 14%.

According to the pro-abortion rights research group the Guttmacher Institute, 26 states have laws seeking to ban abortions. Thirteen states have passed so-called “trigger laws” that would take effect and as soon as the case that legalized abortion nationwide was revoked.

Michigan is one of nine states that has a pre-Roe abortion ban on the books, a law from 1931. A policy analyst with Guttmacher has said this law wouldn’t immediately take effect again, even if Roe is overturned.

In the meantime, Gov. Gretchen Whitmer and Planned Parenthood have filed lawsuits challenging the dormant law, ahead of the Supreme Court decision.

If Roe is vacated, Michigan will have the opportunity to craft a new abortion law that reflects the values and desires of its people. And state Legislatures should prepare for the likelihood of a post-Roe world.

For now, though, many questions remain. People need to take a step back and wait for the justices’ final ruling.

— The Detroit News

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