By Carol Zimmermann | Catholic News Service
And Margaret M. Russell | The Catholic Free Press
Although many pro-life groups immediately reacted positively to the news that the majority of Supreme Court justices seem set to overturn the court’s Roe v. Wade decision, some tempered their reaction with a continued call for more advocacy while others kept a wait-and-see approach.
Monday evening the online news site Politico published a report from a leaked draft opinion signaling that the majority seem set to overturn the landmark 1973 legal decision that legalized abortion in the country. Such a decision would send the issue back to the states. The Court is deliberating Dobbs v. Jackson Women’s Health Organization, a case about Mississippi’s ban on abortions after 15 weeks of pregnancy.
On Tuesday a statement by the Supreme Court verified that the draft “is authentic” but that it “does not represent a decision by the Court or the final position of any member on the issues in the case.”
“Since the oral arguments in the Dobbs case were heard by the Supreme Court last winter, there has been much cautious optimism and hope that this pivotal decision could possibly overturn Roe and Casey,” Allison LeDoux, director of the Respect Life Office for the Diocese of Worcester, said.
“That there would be a leak of an early draft of the SCOTUS decision is seriously problematic and a blight on the confidentiality with which the court normally proceeds. Hopefully the leak will not negatively influence the outcome of the final decision,” she continued.
Chief Justice John Roberts emphasized the significance of the leaked document, which he said was a “singular and egregious breach of that trust that is an affront to the Court and the community of public servants who work here.” He also said it would not affect the work of the Court and he ordered an investigation into the source of the leak.
Some Catholic bishops kept their response in check, but acknowledged the work done by pro-life activists.
Hours after the draft of the court’s opinion was published, San Francisco Archbishop Salvatore J. Cordileone tweeted: “Tonight I am thinking of all the years of hard work by pro-life people of all faiths and none. Years and years of patient advocacy, help for unwed moms, political engagement and more.”
The next day, Archbishop Bernard A. Hebda of St. Paul and Minneapolis said in a statement that he will “comment when the Supreme Court releases its official ruling. No matter the court’s decision, the Catholic Church will continue to work toward building a culture of life and supporting women and their children,” he said.
A spokesman for Bishop McManus in Worcester said he would have no comment until there is an official ruling by the Court.
National Right to Life, an advocacy group that has long fought against abortion, similarly said it “agrees with the statement of Mississippi Attorney General Lynn Fitch, who said, ‘We will let the Supreme Court speak for itself and wait for the Court’s official opinion.’”
Other groups were not so cautious. Texas Right to Life said it was encouraging news that “Roe soon may be gone. Yet new attacks on life will emerge.”
In its May 2 statement, the group called its supporters to further action saying: “Already, abortion advocates are calling on Congress to ban states from passing pro-life laws.”
“If and when the court overturns Roe, the pro-life movement must defeat attacks such as these and build a culture that values preborn children and pregnant mothers.”
Kristan Hawkins, president of Students for Life of America, likened the potential overturning of Roe v. Wade to a new beginning for the anti-abortion movement.
The previous day, her group sent a letter to all the Republican members of Congress urging them to back a nationwide “heartbeat bill,” banning abortions at six weeks of pregnancy. Hawkins, and nine other anti-abortion leaders, emphasized that the 15-week ban at stake in the Dobbs v. Jackson Women’s Health Organization case before the court did not go far enough.
Rod Murphy, director of the crisis pregnancy center Problem Pregnancy of Worcester, said, “If it is true, I am very happy. Many babies will be saved. Although here in ‘woke’ Massachusetts, nothing much will change. ... If the Supremes say it is a barbaric practice, maybe some of our clients will be less avid about it.”
One thing many groups said they were not happy with was that the opinion was leaked.
Dennis Poust, executive director of the New York State Catholic Conference, said the leak was a breach of trust and “an attack on the integrity of the Judicial Branch of government.”
“When our highest court cannot operate free of political interference or intimidation, it serves as a stark example that nothing is sacred anymore.”
Rosalie Berquist of Shrewsbury, a board member of Massachusetts Citizens for Life, wondered, “Was this leak intended to stir up public opinion against the overturning of Roe v. Wade?”
“We must remember that this is an early draft that will have many revisions, concurrent and dissenting, before it is done,” Mrs. Berquist noted.
The California Catholic Conference said in a May 3 statement that the leak of the opinion draft “triggered the governor and California legislative leadership to announce its intent to create a California constitutional amendment to protect the right to abortion. This will destroy lives, families and significantly limit the ability of the Catholic Church in California to protect the unborn.”
The conference said this was the moment for the church and California Catholics to “engage with their communities, actively and publicly oppose this amendment.”
Right to Life Michigan expressed “cautious optimism” about the leaked draft and said its mission won’t change if Roe is overturned.
Mrs. LeDoux of the Worcester diocese is hopeful. “We remain prayerfully vigilant and optimistic that when the Supreme Court does issue its final ruling on the Dobbs case, which is expected sometime between now and the end of June, we might welcome the overturning of Roe, a decision that was clearly unjust to begin with. We pray that the Supreme Court of the United States will act to undo this grave injustice that has been in effect for nearly 50 years,” she said.