Even if the Supreme Court votes to overturn the Roe v. Wade decision on abortion, as a leaked draft document indicates, that will not outlaw abortion across the nation, but moves the battle to the states, Sen. James Lankford told Newsmax on Wednesday.
“We have a draft that is from February, so a lot can change during that time,” the Oklahoma Republican said on Newsmax’s “Wake Up America.” “But when they put out their final decision, it looks like they’re going to say states have the right, as they should have always had, to be able to protect the lives of children in their state.”
Oklahoma, he added, will “protect every single child, while other states are “going to say we’re going to have abortions all the way up to the time of birth. But that decision is going to be made state-to-state. We’ll have the same argument here on the federal side as well.”
The document also shows that the court will say it should never have decided in favor of abortion in the Roe v. Wade ruling in 1973, said Lankford.
“This should have always been in legislatures like it was before,” he added. “The 50-year time period [since] Roe is the anomaly of the almost 250-year history of the United States, when they had it right, before Roe, to say states make this decision. Legislatures make the decision. The people decide when life begins, not the courts.”
That will mean abortion law will be determined by elected people, not through the unelected Supreme Court, Lankford said.
Lankford also said it’s an “enormous issue” for the Supreme Court that someone would have leaked the draft document and opinion, written by Justice Samuel Alito, as the leak violates the trust of the court and the interplay between its justices.
“Right now, the justices have a very open conversation,” said Lankford. “Their staffs have an open conversation. Those law clerks need to be able to talk about the cases, and they pass around drafts freely because they know that it’s not going to go outside, that no draft will ever be leaked — until now.”
The leaker, Lankford said, “not only is destroying the court and the future of the court, and how will actually operate, they’re destroying this conversation in the country” because the discussion should be about an “opinion that’s resolved, not about a draft. they’re actually stirring the nation up even more making a bad situation worse.”
However, Lankford said he doesn’t think Democrats, in their quest to keep their hold on the House and Senate, will use the opportunity created if Roe v. Wade is overturned to campaign on a platform of packing the Supreme Court.
“Some Democrats will do that,” he said. “That’s going to be the far-extreme left. I think the vast majority of the American people do not agree with court-packing. What I think is going to happen is the American people are going to engage. Conservatives are going to turn out in droves across the country, especially in state races, because now they have the opportunity to be able to speak out to protect life.”
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