Joe Biden

Biden Responds to Draft Supreme Court Opinion on Roe v. Wade: ‘We Will Be Ready'

“If the court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose,” Biden said

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President Joe Biden said Tuesday that woman's right to have an abortion is "fundamental" and called on voters to elect more pro-abortion rights candidates in the November's midterm election so that a Democratic majority in Congress can pass abortion rights legislation that would codify Roe v. Wade.

In a statement responding to a leaked draft opinion suggesting the high court may overturn the landmark decision, Biden reiterated his belief that a "woman's right to choose is fundamental, Roe has has been the law of the land for almost fifty years, and basic fairness and the stability of our law demand that it not be overturned."

The authenticity of the draft was verified by Chief Justice John Roberts in a statement.

Biden said in a statement his administration is preparing for all eventualities for when the court issues its ruling. Biden noted the administration's Gender Policy Council and White House Counsel's Office have been preparing options for a response, "under a variety of possible outcomes in cases pending before the Supreme Court," since the passage of Texas' restrictive abortion law.

"We will be ready when any ruling is issued," Biden said.

A decision overturning Roe would raise the stakes for voters in November’s heated midterm elections, and may hand Democrats a political weapon to court centrists in congressional races in swing states.

“If the court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose,” Biden said. “And it will fall on voters to elect pro-choice officials this November. At the federal level, we will need more pro-choice Senators and a pro-choice majority in the House to adopt legislation that codifies Roe, which I will work to pass and sign into law.”

Politico originally released the draft opinion that suggested the court could be poised to overturn the landmark 1973 Roe v. Wade case. A decision to overrule Roe would lead to abortion bans in roughly half the states and could have huge ramifications for this year’s elections. It’s unclear if the draft represents the court’s final word on the matter — opinions often change in the drafting process.

Speaking later Tuesday to reporters before boarding Air Force One, Biden said he hoped the draft wouldn't be finalized by justices, contending it reflects a “fundamental shift in American jurisprudence" that threatens “other basic rights” like access to birth control and marriage.

He added: “If this decision holds, it’s really quite a radical decision.” He said the “basic fairness and the stability of our law demand” that the court not overturn Roe.

“If the court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose,” Biden said. “And it will fall on voters to elect pro-choice officials this November. At the federal level, we will need more pro-choice Senators and a pro-choice majority in the House to adopt legislation that codifies Roe, which I will work to pass and sign into law.”

The Associated Press contributed to this report.

A leaked draft opinion from the Supreme Court, obtained by Politico, shows the court is set to overturn Roe v. Wade.
NBC/The Associated Press
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