FLASHBACK: Biden backed amendment to overturn Roe v. Wade as a senator

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The Story w/ Martha MacCallum - Tuesday, May 3

On today’s episode of ‘The Story’, Martha covers Chief Justice John Roberts ordering probe into leaked SCOTUS draft signaling end of Roe v. Wade. Plus, Pentagon Press Secretary John Roberts on U.S. ramping up aid for Ukraine.

President Biden on Tuesday weighed in on the leaked Supreme Court opinion draft that would strike down Roe v. Wade, saying he believes that "a woman’s right to choose is fundamental." 

But back in the early 1980s, Biden – who was then a U.S. Senator from Delaware – sang a different tune. In 1982, he signed a proposed amendment by Sen. Orrin Hatch, R-Utah, that sought to reverse Roe v. Wade. 

President Joe Biden speaks on security assistance to Ukraine during a visit to the Lockheed Martin Pike County Operations facility where they manufacture Javelin anti-tank missiles, Tuesday, May 3, 2022, in Troy, Ala. (AP Photo/Evan Vucci)

"A right to abortion is not secured by this Constitution," read the Human Life Federalism Amendment. "The Congress and several States shall have the concurrent power to restrict and prohibit abortions: Provided, That a law of a State which is more restrictive than a law of Congress shall govern." 

The Senate Judiciary Committee, on which Biden was then a ranking minority member, voted 10-7 for this resolution. 

A New York Times article published at the time cited Biden as saying the choice was difficult and, as a Roman Catholic, wasn’t sure he had "a right to impose" his view on the country, but ultimately voted in favor of the proposed Amendment. 

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The White House did not respond to Fox News’ request for comment on Biden’s vote. 

A leaked draft of a Supreme Court opinion that would overturn the landmark 1973 case, Roe v. Wade, was published Monday evening by Politico. 

Though the draft is not final and Roe remains the law of the land, the news has swept the country into a frenzy ahead of the November elections. 

Protesters rally in support of abortion rights, Tuesday, May 3, 2022 in New York. (AP Photo/Jason DeCrow)

Chief Justice John Roberts said he had ordered an investigation into what he called the "egregious breach of trust" in leaking the draft document, which was dated to February. 

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Opinions often change in ways big and small in the drafting process, and a final ruling has not been expected until the end of the court’s term in late June or early July. 

Fox News’ Brooke Singman contributed to this report.