Kamala Harris calls US Supreme Court threat to Roe v Wade an 'assault on freedom'

Vice president accuses Republicans of 'weaponising' the issue

US Vice President Kamala Harris attacked a potential Supreme Court overruling of Roe v Wade and criticised Republicans for "weaponising" the issue after the divisive topic was thrust into the spotlight for the midterm elections.

"If the court overturns Roe v Wade, it will be a direct assault on freedom," Ms Harris told attendees at a gala hosted by Emily's List, an organisation that works to get pro-choice Democrats elected to office.

"Some Republican leaders are trying to weaponise the use of the law against women," Ms Harris said.

US Vice President Kamala Harris at the Emily's List gala in Washington. Getty Images / AFP

Ms Harris spoke at the 30th anniversary celebration of the pro-choice organisation a day after a published report revealed that the Supreme Court is poised to overturn the 1973 landmark Roe v Wade case, which created a constitutional right to abortion. Getty Images / AFP

Kamala Harris said: 'If the court overturns Roe v Wade, it will be a direct assault on freedom, on the fundamental right of self-determination to which all Americans are entitled.' Getty Images / AFP

'Those Republican leaders who are trying to weaponise the use of the law against women, well, we say, how dare they?' Ms Harris said. Getty Images / AFP

US Vice President Kamala Harris. Getty Images / AFP

Ms Harris called for unity 'in this fight ... if you stand for freedom, for self-determination, for the right to privacy, if you stand for these principles, stand with us'. AFP

Abortion-rights activists and supporters protest outside Philadelphia's federal courthouse on May 3, 2022, in response to the leak of a draft opinion on a potential Supreme Court vote to overturn Roe v Wade. The Philadelphia Inquirer / AP

Abortion rights campaigners outside the US Federal Courthouse in Tucson, Arizona. Reuters

Alexandra Murphy, of Oakland, dresses as former Supreme Court Justice Ruth Bader Ginsburg while attending a protest outside the Ronald V Dellums federal building in Oakland, California. San Francisco Chronicle / AP

Martha Kreeger alongside abortion-rights activists and supporters during a protest. San Francisco Chronicle / AP

Demonstrators during an abortion-rights protest in San Francisco, California. Bloomberg

"How dare they. How dare they tell a woman what she can and cannot do with her own body. How dare they try to stop her from determining her own future. How dare they try to deny women their rights and their freedoms?"

The vice president's remarks come after a document leaked late on Monday night showed the Supreme Court is poised to overturn the 1973 Roe v Wade decision, which protects a women's right to abortion.

The draft, published by Politico, showed that five conservative Supreme Court Justices – with the majority opinion written by Samuel Alito – had voted to strike down the abortion ruling. Chief Justice John Roberts on Tuesday confirmed the document's authenticity.

“We’re not going back. We are not going back,” the vice president declared.

Ms Harris was scheduled to deliver remarks at the organisation before the leak, but the looming decision of the court brought added significance to her address.

Her speech signalled the Joe Biden administration's staunchest defence of abortion rights since the leaked publication.

“It has never been more clear which party wants to expand our rights and which party wants to restrict them,” she said in her speech. “It has never been more clear. It has never been more clear which party wants to lead us forward, and which party wants to push us back.”

Already, Democratic leaders have sought to rally their voters around the threat that abortion will soon be outlawed in many states. Midterm elections in November that will decide control of Congress had so far hinged on inflation, immigration, education and the coronavirus pandemic, and the Democratic party appeared to be facing defeat.

Changing the topic to abortion and women’s health may alter the political landscape, because polls have consistently shown a majority of Americans oppose overturning Roe.

The overturning of Roe v Wade would immediately end constitutional protections for abortion rights and trigger new laws and restrictions. Federal legislation could also limit or eliminate access to abortion in states where it is still available.

Ms Harris said that in 13 states, “women would lose access to abortion immediate and outright” if the court goes through with overturning Roe.

Previous Democratic efforts to codify Roe into law have failed, because the party does not have enough support to overcome the Senate's 60-vote filibuster threshold that would open the door to enact legislation.

Ms Harris called on allied Americans to “link arms in this fight. If you stand for freedom, for self-determination, for the right to privacy, if you stand for these principles, stand with us".

“Let us fight for our country, and for the principles upon which it was founded, and let us fight with everything we have got,” she said.

Roe v Wade protests in Washington

A woman wears a 'Keep Abortion Safe and Legal' sweatshirt outside the Supreme Court. Willy Lowry / The National

A young woman holds a sign that reads 'Abortion is a human right' in front the Supreme Court. Willy Lowry / The National

A woman holds a sign that reads: Catholics support abortion access in front of the Supreme Court. Willy Lowry / The National

Savana Deretich a member of the group Students for Life of America records a video on her phone. Willy Lowry / The National

A woman makes pro-choice prints in front of the Supreme Court. Willy Lowry / The National

A pro-life protester squares off with two pro-choice demonstrators. Willy Lowry / The National

Pro-choice supporters gather in front of the Supreme Court. Willy Lowry / The National

Pro-choice supporters gather in front of the Supreme Court. Willy Lowry / The National

A pro-choice protester squares off with two pro-choice demonstrators. Willy Lowry / The National

A pro-life supporter stands in front of the Supreme Court. Willy Lowry / The National

Members of the pro-choice group Students for Life of America pose in front of the Supreme Court. Willy Lowry / The National

A woman makes fliers. Willy Lowry / The National

People gather in front of the Supreme Court in Washington on Tuesday, May 3, 2022. Willy Lowry / The National

Pro-choice supporters pose in front of the US Supreme Court. Willy Lowry / The National

Agencies contributed to this report