Roe v Wade - live: GOP calls for Supreme Court leakers to face jail time as abortion ruling may come Friday

American women, healthcare providers and pro-choice activists are bracing for Roe v Wade to be overturned as soon as Friday as the US Supreme Court prepares to release case opinions from 10am ET.

The Supreme Court released four case opinions on Thursday morning leaving nine cases remaining ahead of the summer recess at the end of the month, including the widely-anticipated decision on Dobbs v Jackson Women’s Health Organization .

The court’s decision in the case is poised to impact the right to abortion access for women across America and backpedal on 50 decades of rights that were codified under Roe v Wade in 1973.

In May, a leaked draft decision showed that the court intended to strike down the precedent with the backing of conservative justices – at least three of whom claimed during their confirmation hearings that they would recognise Roe as precedent rather than oveturning it.

While Democrats rush to protect reproductive rights in their states, some Republican senators are instead focusing on the leak and have called for people who leak Supreme Court decisions before they are publicly released to face up to be 10 years in jail and a fine of $10,000.

Key Points

  • How the ‘pro-life’ movement killed Roe V Wade

  • Quarter of abortion clinics will close if Roe v Wade overturned

  • Democrats urge Google to stop steering abortion patients to ‘fake clinics’ in search results

  • The woman who helped open of the nation’s first abortion clinics discusses the ‘war’ to save women’s right to choose

  • Supreme Court adds extra day for opinions as abortion ruling looms

  • Ted Cruz warns of riots and violence if Roe v Wade is overturned

US woman denied abortion in Malta

06:45 , Rachel Sharp

An American woman and her partner will be airlifted to Mallorca, Spain, to end her unviable pregnancy after her request to do so was denied by health authorities in Malta.

Andrea Prudente, 38, and her partner Jay Weeldreyer, 45, will travel to the Spanish island via air ambulance.

Lawyer Lara Dimitrijevic, the head of Women for Choice, confirmed that the couple’s travel insurance has accepted to proceed with the measure as the condition of Ms Prudente is considered “life-threatening”.

They’re expected to leave Malta as soon as Thursday.

Ms Prudente is 16 weeks pregnant and was hospitalised a week ago after her water broke ahead of time, meaning that there’s no amniotic fluid remaining in the womb.

The Independent’s Gustaf Kilander has the full story:

US woman to be airlifted to Mallorca after Malta denies termination of pregnancy

What the Supreme Court could come for after Roe v Wade

05:15 , Rachel Sharp

Legal experts and civil rights activists fear that after the Supreme Court overturns Roe v Wade it will overturn other landmark rulings protecting rights like gay marriage.

“I’m terrified and people should be terrified,” says Jim Obergefell, whose lawsuit against the state of Ohio led to the Supreme Court ruling that gay marriage was protected by the US Constitution.

The Independent’s Io Dodd has the full story below:

‘People should be terrified’: What US Supreme Court could come for after Roe v Wade

Abortion providers rush to train specialists

04:30 , Rachel Sharp

Abortion providers in conservative-led states are rushing to train new specialists ahead of the Supreme Court’s ruling.

Experts say medical institutions that provide abortion training will face an uncertain future if, as is widely expected, the Supreme Court ends women’s constitutional rights to the procedure.

Aaron Campbell, an obstetrician and gynecologist at the The Knoxville Center for Reproductive Health in Tennessee, toldThe Washington Post an outright ban would have a chilling effect on the ability of women to have access to reproductive health.

“We can pass as many laws as we want, for or against access, but at the end of the day, if you don’t have trained providers, you don’t have choice,” he told The Post.

Dr Campbell has already trained seven students this year, and said he was trying to work with as many trainees as he can prior to final Roe ruling being released.

The Independent’s Bevan Hurley has the full story:

Abortion providers work to train specialists as Supreme Court’s Roe ruling looms

First Amendment expert casts doubt on GOP claims that protests at justices’ homes are illegal

03:45 , Rachel Sharp

A First Amendment expert has cast doubt on GOP claims that protests at the homes of Supreme Court justices are illegal.

Kevin Goldberg, First Amendment specialist at the Freedom Forum Institute, told The Independent: “The federal law says that you can’t protest in front of the Supreme Court or a justice’s house if you do it with the intent to influence.

“It would be very hard to prove that a protester was attempting to influence a decision.

“They could say they believe the decision has already been made and that they are protesting the outcome or just protesting in favour of abortion rights… it would be hard to prove what people were thinking when they were protesting.”

He added: “And under the First Amendment, if you don’t know, you can’t punish someone.”

Since the 3 May leak of the Supreme Court draft opinion on Roe v Wade, anti-abortion demonstrators have staged protests outside the homes of the six conservative justices.

Senate Minority Leader Mitch McConnell – and other Republicans – have claimed the protests outside their homes “may possibly be flat-out illegal”.

Hillary Clinton slams Supreme Court Justice Samuel Alito

03:15 , Rachel Sharp

Hillary Clinton has hit out at Supreme Court Justice Samuel Alito and warned that many rights are “at risk” if Roe is overturned.

The former Secretary of State spoke out about the impending threat to abortion rights in an interview with the Financial Times, as the nation’s highest court is on the cusp of striking down the landmark ruling.

“The level of insidious rulemaking to further oppress women almost knows no end,” she said.

Ms Clinton blasted Justice Alito, who authored the Supreme Court’s leaked draft majority opinion overturning Roe, as “one of those self-righteous types” who has long railed against “lettting women into the eating clubs”.

“I found Alito was the kind of young man who when he was at Princeton railed against coeducation, railed against letting women into the eating clubs, and that was all in the background that I read,” she said.

“He honestly struck me as one of those very self-righteous types seeking to remake society.”

South Dakota’s only abortion clinic closes ahead of ruling

02:15 , Rachel Sharp

The only abortion clinic in South Dakota is halting all procedures ahead of the Supreme Court ruling on the future of Roe v Wade.

In an announcement that deeply saddened activists who had fought to defend access to abortion in one of the nation’s battlefields for reproductive rights, Planned Parenthood said procedures at its facility in Sioux Falls were “paused”.

It said its clinics in Wisconsin were not booking appointments after 25 June.Meanwhile, the news was celebrated by South Dakota’s deeply conservative governor, Kristi Noem, 50, who has been at the forefront of efforts to turn her state into one of America’s abortion deserts, and allegedly make use of her position to prepare for a White House run in 2024.

“While knew this was coming, it was still really devastating,” a 36-year-old activist, who asked to be identified as “Katie” (not her real name) tells The Independent.

“It was actually a lot worse than I think any of us thought it was going to be, just the emotional weight of it.”

The Independent’s Andrew Buncombe has the full story:

Only abortion clinic in South Dakota halts procedures as Roe looks doomed

Biden must protect data privacy, says congresswoman

01:30 , Rachel Sharp

The lack of legislation means the federal government has limited options to push back against abortion bans passed in Republican-controlled states

But there are some options such as Medicaid’s “free choice of provider” requirement and expanding the Title X family planning program.

Rep Judy Chu told The Independent that the president must take action to protect data privacy of women seeking abortions so that law enforcement agencies can’t use it to prosecute women.

“The other thing that we want President Biden to do is to make sure that the data privacy of those seeking reproductive healthcare, including abortions, is protected,” she said.

“Because there are those states that want to access this data, want to get the names and the addresses and numbers of those seeking abortions, and then seek to criminalize the abortion patients and providers.”

Supreme Court security under spotlight

Friday 24 June 2022 00:45 , Rachel Sharp

On 8 June, a 26-year-old man unhappy allegedly confessed to plotting to murder Justice Brett Kavanaugh because he was angry with the conservative justice’s potential ruling on Roe v Wade.

Nicholas Roske allegedly travelled from his home in California to the conservative justice’s home in Chevy Chase, Maryland, in the early hours of the morning to assassinate the Donald Trump-appointed justice and then kill himself.

He was captured outside Justice Kavanaugh’s home after he called 911 on himself.

The plot thrust the issue around the security of the Supreme Court justices into the national spotlight and sparked debates around both the need for protection for the justices and every American’s First Amendment right to protest at a time when the Supreme Court justices are on the brink of handing down a ruling that could overturn Roe v Wade.

Since the leak of the draft opinion, pro-choice protesters have staged demonstrations outside the homes of the six conservative justices.

The Department of Justice has ramped up security for each of the nine members.

And, lawmakers hurriedly passed a bill to expand round-the-clock security to include the justices’ family members.

The Independent’s Rachel Sharp has the full story:

How Supreme Court security became political in wake of Roe v Wade leak

US braces for possible Roe v Wade ruling on Friday

Friday 24 June 2022 00:00 , Rachel Sharp

The US is now bracing for the Supreme Court to possibly strike down Roe v Wade as soon as Friday after the nation’s highest court marked 24 June as an opinion issuance day.

There are nine case rulings left to be released before the court goes on summer recess at the end of June or early July.

The court will start releasing opinions on its website at 10am ET.

What is Roe v Wade?

Thursday 23 June 2022 23:30 , Rachel Sharp

The case centred around Norma McCorvey – known for the purposes of the proceedings as “Jane Roe” – who became pregnant with her third child in Texas in 1969 but was unable to access abortion care after it was banned in her state in all cases but to “save a woman’s life.”

She filed a lawsuit against her local district attorney Henry Wade, alleging that the state’s abortion laws were unconstitutional.

In 1973, the case reached the Supreme Court which ruled 7- in Ms McCorvey’s favour, saying that a woman’s right to access abortion is protected by America’s 14th Amendment “right to privacy”.

The decision also set a legal precedent that affected more than 30 subsequent Supreme Court cases involving restrictions on access to abortion.

13 states could ban abortion immediately

Thursday 23 June 2022 23:00 , Rachel Sharp

Thirteen states could quickly or immediately outlaw abortion under laws designed to take effect if the Supreme Court guts Roe.

Seven states maintain abortion bans that have been on their books for decades, despite the 1973 ruling in the Roe case making them unconstitutional.

More than two dozen states have severely restrictive laws that could be used to end legal care.

When will there be a decision on Roe v Wade?

Thursday 23 June 2022 22:30 , Rachel Sharp

The Supreme Court is nearing the end of its term, with some of its highest-profile decisions expected at the end of June or early July.

The widely-anticipated decision involving Mississippi’s abortion law could determine the fate of constitutional abortion rights affirmed by the ruling in 1973’s Roe v Wade.

A leaked draft opinion from the high court indicates that a majority of justices are prepared to overturn the decades-long precedent.

The Independent’s Alex Woodward has the full details:

When will there be a Roe v Wade decision?

GOP calls for Supreme Court leakers to face 10 years in prison

Thursday 23 June 2022 22:14 , Rachel Sharp

People who leak Supreme Court decisions before they are publicly released would face up to be 10 years in jail and a fine of $10,000, according to a new proposal from Republican senators.

The leaked draft on abortion rights, published by Politico, reverberated around the world, mainly because of the way it would overturn 50 years of legal access to abortion for women, but also because leaks of such a nature are unprecedented for the court.

At the time Chief Justice John Roberts confirmed the draft was genuine and said an investigation was to be launched into how it had been leaked.

A number of Republicans, such as Mitch McConnell, chose to focus on the leak, rather than the implications for millions of women across America.

The Independent’s Andrew Buncombe has the full story:

Republicans say SCOTUS leakers should face 10 years in jail after Roe revelation

Prosecutors vow to refuse to enforce criminal anti-abortion laws in their states

Thursday 23 June 2022 22:00 , Rachel Sharp

Prosecutors across the US have vowed to refuse to slap women with criminal charges if they get abortions in states where it will be banned if Roe v Wade is overturned.

The Independent asked the chief prosecutors in more than a dozen counties and parishes where their respective states’ anti-abortion laws are set to take effect to ask how – or if – they will go about prosecuting such cases, including whether they will issue subpoenas for personal digital data to prosecute them.

“Trigger laws” which will go into effect once Roe V Wade is overturned, will effectively ban abortion in nearly half the US.

The Independent’s Alex Woodward has the full story:

Why these prosecutors refuse to enforce anti-abortion laws in their states

What is Planned Parenthood? The organisation fighting for abortion access

Thursday 23 June 2022 21:30 , Rachel Sharp

For more than a century, the nonprofit has been on the frontline of America’s war over access to reproductive healthcare, ever since its founder opened the nation’s first birth control clinic in New York City in 1916.

It then fought against anti-abortion campaigners to set up one of the nation’s first abortion clinics three years before the Supreme Court legalised it in 1973.

The organisation further cemented a woman’s right to abortion two decades later, when it took on Pennsylvania’s governor in the landmark Supreme Court case Planned Parenthood v Casey.

But Planned Parenthood is now facing one of its biggest battles to date as the bombshell 2 May leak revealed the Supreme Court’s intentions to overturn a woman’s constitutional right to an abortion and push reproductive rights in America back by 50 years.

The Independent’s Rachel Sharp has the full story about the organisation at the forefront of the fight for abortion:

The states where abortion access will be protected if Roe is overturned

Thursday 23 June 2022 21:00 , Rachel Sharp

Fifteen states and Washington DC have put in place laws to protect abortion rights if Roe is overturned, including explicit protections in state constitutions or laws allowing for abortion up to a certain point in pregnancy or throughout a pregnancy.

Twelve states allow an abortion prior to viability, which reflects the time at which a foetus can survive outside the womb, typically within 22 to 24 weeks of pregnancy. The Roe ruling affirmed that the Constitution protects the right to an abortion before viability.

Three states and Washington DC have codified the right to an abortion throughout a pregnancy.while other states are criminalising care, creating a patchwork of reproductive health rights across the US.

The Independent’s Alex Woodward has all the details:

These US states will protect abortion rights if Roe v Wade is overturned

Police could use personal data to track down women who have abortions

Thursday 23 June 2022 20:30 , Rachel Sharp

The end of federal protections for abortion access could trigger laws in more than a dozen states criminalising abortion care, with lengthy prison sentences and heavy fines aimed at providers and others who “aid and abet” an abortion, in some cases.

A looming decision from the US Supreme Court on whether to overturn the 1973 ruling in Roe v Wade could have far-reaching consequences – including how law enforcement agencies use surveillance and sensitive personal data to identify and prosecute criminal anti-abortion cases.

Vice President Kamala Harris said she fears states that want to criminalise abortion care could subpoena patients’ personal data, including menstrual-tracking apps and search engine results for abortion clinics.

Last month, Senator Elizabeth Warren and a group of 13 senators criticised two data brokers for collecting and selling phone-based location data from people who traveled to abortion clinics.

The Independent’s Alex Woodward has the full story:

What to expect on a Supreme Court issuance day

Thursday 23 June 2022 20:00 , Rachel Sharp

The Supreme Court’s next opinion issuance day is set for Friday 24 June, with nine case rulings left to be released.

On an opinion issuance day, the court releases one opinion at a time on its website starting at 10am ET.

Opinions are typically released in 10-minute intervals and in reverse-ranking order by the justices, meaning that opinions to be released that day are written by the newest justice on the court first to the longest-ranking.

The court does not reveal what opinions will be released ahead of time or how many will be released that day.

When an “R” number is added to opinions released that day, justices have signalled that they are done releasing their rulings for the day.

How a secret network provided thousands of abortions in pre-Roe v Wade America

Thursday 23 June 2022 19:30 , Rachel Sharp

Before Roe v Wade made abortion access a constitutional right, women were forced to find ways to undergo the procedure illegally.

A secret network called Jane helped thousands of women access free and affordable abortions during this time.

The Independent’s Clemence Michallon has the full story:

The Janes: The secret network that provided thousands of abortions before Roe v Wade

What is Planned Parenthood v Casey?

Thursday 23 June 2022 18:45 , Rachel Sharp

Two decades after Roe v Wade made abortion access a constitutional right in 1973, a second Supreme Court ruling Planned Parenthood v Casey further cemented that right.

In 1992, abortion provider Planned Parenthood sued Pennsylvania Governor Robert Casey after the anti-abortion Democrat introduced new laws restricting a woman’s access to abortion including a requirement that married women would have to notify their husbands before they could get an abortion and minors would have to get parental consent.

Clinics would also be required to implement a 24-hour waiting period before a woman could get an abortion.

In 1992, the Supreme Court ruled Pennsylvania’s laws unconstitutional and upheld the right to an abortion based on the 14th Amendment right to privacy which was codified under Roe v Wade.

However, the ruling did make some changes to the constitutional right laid out in Roe including removing the trimester framework for when an abortion could be restricted, creating instead an “undue burden” standard.

This undue burden standard allows states to restrict abortion access so long as it does not create a “substantial obstacle” to the woman getting an abortion before the fetus is viable.

The change paved the way for some states to implement laws such as the 24-hour waiting periods – laws that pro-choice activists argue disproportionately impact low-income women and those who live far from clinics.

Yet, despite the restrictions, Casey was significant as it upheld the landmark Roe ruling from two decades earlier.

Now, that precedent and the constitutional right of a woman to get an abortion is under attack.

In last month’s bombshell leaked draft, Supreme Court Justice Samuel Alito specifically wrote: “Roe and Casey must be overruled.”

Woman who opened one of first clinics vows to fight for abortion rights

Thursday 23 June 2022 18:13 , Rachel Sharp

The woman who helped open one of the first abortion clinics in the US – two years before the right to abortion was codified under Roe v Wade – has vowed to continue to fight if the Supreme Court strikes down abortion access.

Merle Hoffman told The Independent: “I’ll be damned if I’m going down without a fight.”

Ms Hoffman spoke about her work since Roe v Wade and how the fight for women’s reproductive rights has changed over the last 50 years.

The Independent’s Alex Woodward has the full story:

‘It’s a war:’ Merle Hoffman’s five-decade fight for abortion rights

US Representative Judy Chu says Senate’s inaction to codify Roe v Wade is ‘such a crime’

Thursday 23 June 2022 17:44 , Rachel Sharp

US Representative Judy Chu has slammed the Senate’s inaction to codify Roe v Wade as “such a crime” ahead of the Supreme Court ruling that could wipe out 50 years of abortion rights.

In September, the House of Representatives passed the Women’s Health Protection Act.

The legislation would codify the right to access an abortion and would also prohibit governments from limiting abortion providers’ ability to prescribe certain drugs.

It would also offer abortion via telemedicine or provide immediate abortion services if providers determine that a delay would risk a patient’s health.

Rep Chu – the bill’s author– speaks toThe Independent’s Eric Garcia:

Congresswoman who authored abortion rights bill on the fight to protect rights

What is Dobbs v Jackson Women’s Health Organization?

Thursday 23 June 2022 17:00 , Rachel Sharp

The Supreme Court is poised to rule on the case of Dobbs v Jackson Women’s Health Organization – the outcome of which will have repercussions for the landmark Roe v Wade ruling and the right to abortion access across America.

Mississippi’s sole abortion provider Jackson Women’s Health Organization sued the state of Mississippi over its ban on abortions after 15 weeks of pregnancy.

The state’s ban does not include exceptions for pregnancies caused by rape or incest.

The Supreme Court will decide whether restrictions on abortion before fetal viability – typically 24 to 28 weeks – is a violation of constitutional rights.

If the court rules in favour of the state law, states will be able to restrict or ban abortions at any stage of pregnancy, effectively overturning the precedent set in Roe v Wade.

US braces for possible Roe v Wade ruling on Friday

Thursday 23 June 2022 16:18 , Rachel Sharp

The US is now bracing for the Supreme Court to possibly strike down Roe v Wade as soon as Friday after the nation’s highest court marked 24 June as an opinion issuance day.

There are nine case rulings left to be released before the court goes on summer recess at the end of June or early July.

The court will start releasing opinions on its website at 10am ET.

Supreme Court loosens gun control by overturning New York gun law – amid surge in mass shootings

Thursday 23 June 2022 16:00 , Rachel Sharp

The US Supreme Court has loosened gun control at a time when American communities are being torn apart by gun violence and a surge in mass shootings, as it overturned a New York law around concealed carry.

The century-old New York law required handgun owners to show “proper cause” – including self-defense reasons – in order to obtain a license to carry a concealed weapon, rather than simply carry a concealed weapon for the protection of property or other reasonings.

In the case of New York State Rifle & Pistol Association Inc v Bruen, the Supreme Court was asked to consider whether the Second Amendment allows the government to prohibit firearm owners from carrying handguns outside their homes for self-defense – a challenge that could upend precedents on concealed-carry restrictions and rules about how and where Americans can carry guns across the US.

The decision was one of four case opinions released by the Supreme Court on Thursday as the nation waits in anticipation fo the

The Independent’s Alex Woodward has the full story:

Supreme Court rules New York’s concealed carry law violates Second Amendment

No decision on abortion access released today

Thursday 23 June 2022 15:48 , Rachel Sharp

The Supreme Court has now finished releasing its opinions on cases for the day and has not released its decision on Dobbs v Jackson Women’s Health – the case where the court is about to rule on abortion access and potentially strike down the landmark Roe v Wade ruling.

Supreme Court releases opinions on various cases

Thursday 23 June 2022 15:31 , Rachel Sharp

The US Supreme Court is currently releasing opinions on cases.

It is not known if the decision around the constitutional right to abortion access will be among those released today.

So far, three decisions have been released.

The Supreme Court ruled in Berger v North Carolina State Conference of the NAACP that North Carolina lawmakers can intervene in litigation to defend a state voter-ID law.

In Nance v Ward, the Supreme Court says that an inmate on Georgia’s death row is not limited to the federal habeas laws when challenging the constitutionality of a state’s method of execution.

The third decision – in Vega v Teko – released rules that if a police officer fails to read a suspect their Miranda rights and statements the suspect makes are then used against them in court, the individual cannot sue for a violation of their Fifth Amendment.

Why these prosecutors are refusing to enforce criminal anti-abortion laws in their states

Thursday 23 June 2022 14:15 , Oliver O'Connell

The Independent asked the chief prosecutors in more than a dozen counties and parishes where their respective states’ anti-abortion laws are set to take effect to ask how – or if – they will go about prosecuting such cases, including whether they will issue subpoenas for personal digital data to prosecute them.

“Trigger laws” which will go into effect once Roe V Wade is overturned, will effectively ban abortion in nearly half the US.

Alex Woodward shares insights from prosecutors in his story below:

Why these prosecutors refuse to enforce anti-abortion laws in their states

What the Supreme Court could come for after Roe v Wade

Thursday 23 June 2022 13:45 , Oliver O'Connell

Legal experts and civil rights activists fear that after the Supreme Court overturns Roe V Wade it will overturn other landmark rulings protecting rights like gay marriage.

“I’m terrified and people should be terrified,” says Jim Obergefell, whose lawsuit against the state of Ohio led to the Supreme Court ruling that gay marriage was protected by the US Constitution.

Read Io Dodd’s full story below:

‘People should be terrified’: What US Supreme Court could come for after Roe v Wade

What is Planned Parenthood v Casey? Landmark abortion ruling at risk alongside Roe v Wade

Thursday 23 June 2022 13:15 , Oliver O'Connell

While Roe v Wade is the most well known case guaranteeing abortion access in the US, a 1992 Supreme Court case was pivotal in upholding those rights.

In 1992, Democratic Governor Robert Casey introduced new laws restricting women’s rights to access abortion. Planned Parenthood sued the governor, and the Supreme Court ruled in its favour.

For more on the landmark ruling, read Rachel Sharp’s story below:

What is Planned Parenthood v Casey? Abortion ruling at risk alongside Roe v Wade