Rep. Jamie Raskin (D-Md.) on Monday evoked the dystopia of a full-on “Handmaid’s Tale” after a draft majority opinion by the Supreme Court overturning Roe v. Wade was published by Politico.
“Roe was egregiously fallacious from the beginning,” Justice Samuel Alito wrote within the document, per Politico. “We hold that Roe and Casey have to be overruled … It’s time to heed the Structure and return the problem of abortion to the people’s elected representatives.”
In an interview with Rachel Maddow, Raskin, a constitutional lawyer, called the leaked opinion “astonishing and appalling” and said it could eliminate all rights to abortion.
“It situates the trajectory of the American right where Fox News and Tucker Carlson wish to go, which is to make us within the image of Hungarian ‘illiberal’ democracy now. To maintain elections going, where people might be whipped up about various scapegoats. But to carve out and destroy the freedoms and the rights of the people,” said Raskin.
The court’s official ruling on the matter will only be final once it’s published, and justices can change their votes up until then, meaning nothing is yet decided.
Raskin agreed with the draft opinion that the word “abortion” doesn’t appear within the Structure — nor does “contraception” or the phrase “right to privacy” — though that doesn’t mean those rights mustn’t be protected.
Roe v. Wade was based on an earlier 1965 ruling striking down a law banning contraception, stating that the Structure’s “due process liberty clause features a right to privacy over intimate decision-making,” Raskin said. If Roe falls, that might also threaten the fitting to contraception and privacy.
The draft opinion “would seem like an invite to have ‘Handmaid’s Tale’-type anti-feminist regulation and laws all around the country,” said Raskin, referring to Margaret Atwood’s novel a few future during which women are forced to provide birth by a government run by men.
Raskin also said that the draft opinion signals a return of the Supreme Court to its “historic baseline of being a reactionary, conservative institution to the far right of the whole lot else on the federal level in the federal government.”
Try Raskin’s full interview within the video clip above.