A Florida Democrat said Mitch McConnell and Donald Trump are to blame if Roe v. Wade is overturned

McConnell declined to hold hearings for Obama's appointment to replace Antonin Scalia, and Trump was able to appoint three conservative justices.

• Rep. Lois Frankel said Donald Trump and Mitch McConnell are to blame if Roe v. Wade gets overturned.
• She reasoned McConnell didn't hold hearings for Obama's appointment and Trump chose three justices.
• A draft Supreme Court opinion leaked this week that shows the court ready to gut the right to abortion.

Rep. Lois Frankel said former President Donald Trump and Senate Minority Leader Mitch McConnell are "single-handedly" to blame if the Supreme Court overturns Roe v. Wade.

On Monday, Politico published a leaked draft opinion in which Supreme Court Associate Justice Samuel Alito called the 1973 landmark Supreme Court ruling that legalized abortion nationwide "egregiously wrong from the start."

Abortion will remain legal in the United States until the court hands down a final verdict, which could come as early as June when the high court decides the verdict for a pending abortion case. But the draft itself was enough to put reproductive rights activists and doctors who perform abortions on edge.

If Roe is overturned, it could be illegal to obtain an abortion in 23 states. And in several others, there could be added restrictions.

Frankel, a Democrat who represents Florida's 21st congressional district, told Insider on Thursday that McConnell and Trump made it easier for the Supreme Court to be able to overturn Roe.

"Mitch McConnell and Donald Trump are responsible for what's going on right now," she told Insider in a phone interview. "Mitch McConnell refused, would not allow an Obama appointee on the court, and Donald Trump appointed three justices who are overturning Roe v. Wade.

So hip hip hooray for them."

During his time in office, Trump turned the federal court system into a conservative powerhouse. This included appointing justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett to the Supreme Court. Meanwhile, a slew of restrictive abortion bills popped up all over the country.

And McConnell in 2016 refused to hold hearings for former President Barack Obama's appointment after the late Justice Antonin Scalia died. Obama had nominated Merrick Garland to the bench. But McConnell, who was the Senate majority leader at the time, said he would not fill Scalia's seat until after the 2016 presidential election, which Trump won.

About a year after the Supreme Court seat became vacant, Trump appointed Gorsuch.

This week, both Trump and McConnell condemned the Supreme Court leak. But Trump seemed unfazed that some were blaming him for the potential abortion ruling.

"Well, a lot of people are very happy about that," Trump said in an interview with Christian Broadcasting Network. "So some people maybe say it's my fault and some people say, 'Thank you very much.'"

'You can't believe that this is happening in America'

Conservative male lawmakers, Frankel said, are the ones creating the legislation that governs the lives of women.

"Is it a control thing? It's almost like I'm in a autocratic foreign country," she said. "You can't believe that this is happening in America."

Frankel is one of the representatives who originally sponsored the Women's Health Protection Act of 2021. The bill, which "prohibits governmental restrictions on the provision of, and access to, abortion services," was passed in the House last year, but still awaits a vote in the Senate.

Frankel told Insider she's not sure whether the Senate will move on the bill if Roe is overturned.

But, she said, the WHPA represents just one facet of women's rights, and people who support abortion rights should vote Republicans out of office.

"Elections have consequences," she said. "We cannot just focus on Women's Health Protection Act. Yes, we have to push for it. People have to fight back in state legislatures, make sure they're electing governors who respect real freedom."