On Monday, May 2, a draft opinion from the Supreme Court of the United States was leaked through Politico showing the majority opinion of Dobbs v. Jackson Women’s Health Organization which stated the intent of overturning the 1973 case Roe v. Wade.
Nevada voters passed a referendum in 1990 that makes abortion legal up to 24 weeks into a pregnancy, and even later if the abortion were to save the mother's life.
The referendum passed 63% and legalized abortion in Nevada's constitution.
According to Nevada's Attorney General Aaron Ford, "A federal ban on abortion could supersede [Nevada's] law or a future governor's administration or a state legislature, hostile to abortion rights, could work to find ways to restrict access."
Nevada voters, as well as our state legislature, would have to vote for an amendment to the State Constitution to reverse the 1990 referendum in order to roll back abortion rights in Nevada.
Below you can see what some state leaders and other organizations within Nevada have said regarding the leaked SCOTUS draft opinion.
U.S. Senator Jacky Rosen (D-NV) released this statement regarding the leaked draft opinion:
“If reports that the Supreme Court is moving to overturn Roe v Wade are true, this would have dire consequences for women’s health and reproductive freedoms across our country," said Senator Rosen. "These unprecedented, rigid, and harmful attacks on women’s rights cannot go unanswered. Now more than ever, I will continue fighting to ensure the right to choose is protected, including by codifying Roe into law.”
Chairwoman Ronna McDaniel for the Republican National Committee (RNC) released this following statement on the U.S. Supreme Court leak:
“The leak from the Supreme Court is extremely alarming and the Court deserves to deliberate without intimidation. Democrats are showing once again how extreme they really are on abortion, pushing taxpayer-funded, on demand, and unlimited abortion up until the moment of birth and after. Their position on abortion is radical, cruel, and anti-science. The far left wants unelected judges to impose a radical, one-size fits all abortion policy, leaving Americans without a voice. The Republican Party will always stand for the sanctity of life, speak up for the unborn, and protect vulnerable mothers.”
Below is a transcript of some remarks that Nevada Attorney General Aaron D. Ford gave to the press regarding his office's position on the leaked draft opinion:
Let me be crystal clear to any Nevadan who is listening to this message: If you need reproductive health services, make that appointment with your doctor. We will protect your right to make decisions with your doctor about what is best for your health, your family and your future.
This does not mean that we should not be concerned. Indeed, there are those who would say that any focus on access to abortion care in Nevada if Roe v. Wade is overturned is nothing but “gaslighting.” But they’re simply trying to lull other Nevadans into complacency. For example, a federal ban on abortion could supersede our law. Or a future governor’s administration and/or state legislature hostile to abortion rights could work to find ways to restrict access within the framework approved in the referendum.
There are, in fact, some congresspersons and senators to this day working to pass a national law affecting the right an abortion. We’d be naïve to believe that certain folks here in Nevada aren’t likewise looking for ways to undermine the right, our laws notwithstanding. So, again, let’s not be complacent.
On Wednesday, Congresswoman Dina Titus (NV-01) issued the following statement addressing the leaked draft of the initial majority opinion for Dobbs v. Jackson Women’s Health Organization:
"Yesterday’s draft of the Supreme Court’s initial majority opinion is devastating for women’s access to healthcare across the nation. I am not surprised that this Court, which is more politically charged than ever before, plans to strike down Roe v. Wade and Planned Parenthood v. Casey. The right to choose is being ripped away from women across the country.
Until there is a final decision in this case, abortion remains legal. But if Roe is overturned, 28 states are poised to enact bans on abortion. Women will be forced to carry their pregnancies to term, under any circumstances. Ultimately, this will lead to some choosing unsafe, dangerous procedures without the guidance of medical professionals. In a country with high maternal mortality rates and limited access to paid family medical leave, reproductive rights are imperative for women to make individual choices about what is best for them and their families.
I cosponsored and voted to pass the Women’s Health Protection Act to codify abortion rights nationwide. It is clear that the Supreme Court will not protect women’s health, so the Senate must act now to end the filibuster and send this critical legislation to the President’s desk.”
The statements below regarding the leaked draft opinion are from local organization Planned Parenthood Mar Monte:
"If the Supreme Court overturns or guts Roe, it will be ignoring and defying nearly 50 years of legal precedent. Denying the right to abortion will NOT stop abortion, and people will die trying to end their own pregnancies just as they did in the days before Roe. Revoking abortion rights also has a hugely disproportionate effect on communities of color and people with low incomes who already face a severe shortage of resources and access to health care as well as institutionalized racism."
"It’s in these moments, when abortion access is at risk and the Supreme Court has turned its back on its own precedent, that we must rally together even more strongly."
"As many states are facing the elimination of abortion-access, PPMM is preparing to serve more patients. We are committed to serving anyone who wants and needs this essential service. Abortion care is health care."
The President of the National Judicial College (NJC) Benes Z. Aldana gave this statement (below) on Tuesday regarding the Supreme Court draft opinion leak.
As Chief Justice Roberts said, the leak of this draft opinion is an egregious breach of trust.
Just as all judges are forbidden from making comments about a case outside of court before handing down a decision, the pre-decision publication of this opinion, attributed to one judge on a panel of nine, is wrong because it threatens to prejudice the final decision. It calls into question the public’s expectation that all evidence and issues will be given fair and thorough consideration. A draft opinion, even one claiming to represent a majority of the court, is not a ruling.
Also, one of the fundamental elements of our democracy is an independent, impartial judiciary. Judicial independence means judges feeling free to decide cases based only on the merits, free from all outside influences, including political pressure or loyalties. This incident risks increasing public and political pressure on the court to decide the case one way or another, corroding judicial independence.”
Further developments and additional statements from state and local leaders or relevant organizations will be published here as we get them.
