President Biden on Tuesday called the leaked Supreme Court decision to overturn the Roe v. Wade abortion rights case a reason for Democrats to turn out and vote in the midterm elections.

Biden argued the ruling would allow states to restore bans on same-sex marriage and even regulate contraceptives — calling the 98-page draft “a fundamental shift in American jurisprudence” if enacted.

“I just got a call saying that it’s been announced that it is a real draft, but it doesn’t represent who’s gonna vote for it yet. I hope there are not enough votes for it,” Biden said before boarding Air Force One for a trip to a Javelin missile facility in Alabama. 

“It concerns me a great deal that we’re gonna after 50 years decide a woman does not have a right to choose,” Biden continued. “It would mean that every other decision relating to the notion of privacy was thrown into question.”

In an initial written statement, Biden said, “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. 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 statement said.

Republicans were favored to retake control of Congress due to four-decade-high inflation and spikes in violent crime and illegal immigration, but the looming abortion ruling upends the campaign.

Chief Justice John Roberts effectively confirmed the veracity of Politico’s bombshell scoop by launching an investigation of the leak.

Biden, a lawyer and former Senate Judiciary Committee chairman, said on the tarmac of Joint Base Andrews in Maryland that the draft decision would scrap the 1965 ruling in Griswold v. Connecticut that struck down state restrictions on medicine and devices that prevent pregnancy.

“It basically says all the decisions related to your private life — who you marry, whether or not you decide to conceive a child or not, whether or not you can have an abortion — a range of other decisions, whether or how you raise your child — what does this do?” Biden said of the draft ruling.

“Does this to mean that in Florida they can decide they’re going to pass a law saying that same-sex marriage is not permissible? That it’s against the law in Florida?”

The Supreme Court legalized same-sex marriage nationwide in 2015 in a 5-4 vote. A minority of states had allowed gays and lesbians to marry via legislative action, ballot initiative or state court ruling.

Biden didn’t condemn the unprecedented leak when a reporter asked him if “this leak has irrevocably changed the court.”

He replied, “If this decision holds, it’s really quite a radical decision.”

But Biden also stopped short of calling on the Senate to change its rules to allow a bare majority to pass policy bills, rather than the usual 60-vote supermajority required.

When a reporter asked Biden if he wanted senators to “do away with the filibuster to codify Roe,” he replied, “I’m not prepared to make those judgments now. But you know, I think the codification of Roe makes a lot of sense.”

Biden went on to attempt to ground his support for legal access to abortion in religion — despite a push by some Roman Catholic clerics to ban Biden from taking communion over his stance.

“Look, think about what Roe says. Roe says what all basically mainstream religions have historically concluded. That the existence of a human life in being is a question. Is it at the moment of conception? Is it six months? Is it six weeks? Is it quickening like Aquinas argued?” Biden said.

“So the idea that we’re going to make a judgment that is going to say that no one can make the judgment to abort a child based on a decision by the Supreme Court goes well overboard.”

Biden concluded that a legal finding that the Constitution grants a right to privacy is important because “there are so many fundamental rights that are affected by that. And I’m not prepared to leave that to the whims of the public at the moment in local areas.”

The shocking leak to Politico of a draft majority opinion written by Justice Samuel Alito indicated that five justices were willing to strike down the 1973 precedent that allows a woman to choose whether to abort a pregnancy. States would then set their own rules.

Polls show majority support for legal access to abortion. A Gallup poll in May 2021 found 80 percent of Americans believe abortion should be legal — with 32 percent saying under any circumstance and 48 percent favoring some restrictions.

A Pew poll released last year found that 59 percent of Americans believe abortion should be legal in all or most cases, versus 39 percent who believed the practice should be illegal in all or most cases.

Some Democratic senators, including Kirsten Gillibrand (D-NY), on Monday night called for Senate filibuster reform to allow the bare Democratic majority to pass abortion rights legislation to head off the court ruling.

The Senate is divided 50-50, with Vice President Kamala Harris breaking ties. If Democrats stick together, they could change Senate rules to pass a federal abortion bill. But centrist Democrats resisted prior efforts to curb the 60-vote threshold for most bills.

Sens. Joe Manchin (D-WVa.) and Kyrsten Sinema (D-Ariz.) on Tuesday reiterated that they oppose doing away with the filibuster, meaning pro-abortion rights Republicans would have to support such a change. Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) favor abortion rights and slammed the proposed ruling, but neither announced support Tuesday for changing Senate rules.

But even a change in Senate rules would not guarantee passage of federal abortion legislation. 

In February, Manchin sided with all voting Republicans against a bill that would affirm legal access to abortion. Sen. Bob Casey (D-Pa.) refused to cosponsor the bill but voted to allow it to proceed.

White House press secretary Jen Psaki told reporters Tuesday that Biden’s stance on filibuster reform may not matter in the abortion debate.

“There has been a vote on this. It failed. It did not have even 50 votes, which means even if the filibuster were overturned, there would not have been enough votes to get this passed,” Psaki said, adding, “In the president’s statement, just to reiterate, what he pointed to is the fact that there needs to be more pro-choice officials after the elections in November.”