The Road To Restoring Abortion Rights
The path to successfully combating structural violence against women and restoring the right to abortion is long and slow, but potentially promising.
Let me preface this blog by giving my sincerest condolences to all women. I'm truly sorry. This was something no normal human being with a functioning brain and a sense of morality could've hoped for.
As virtually everybody on planet Earth is now well aware of, the Supreme Court stripped women of their right to make a life altering decision about their own body in a 5-4 ruling two weeks ago today. Although Justice Samuel Alito proclaimed that the decision rightfully restored the debate over abortion "to the people," what it really did was shift the contentious issue to the state courts, where litigation will mount for years to come. Nearly half the states in America are either poised to or have passed laws outlawing or severely restricting abortion, which will affect upwards of 33 million people. A Vox study shows that about 14 million women are already unable to obtain a legal abortion in their state, with another 13 million on the verge of having their rights taken away as well, with anti-abortion legislation permeating the courts in Republican-led state legislatures. The truth is, the overturning of Roe disproportionately harms impoverished, underpaid employees of Fortune 500 companies in conservative states. The majority of these women are POC living in rural areas, usually lacking either the money or ability to travel far out of state for a procedure that can cost upwards of $1500.
For proof that the original Roe decision itself wasn't flawed and that the recent ruling was simply a result of masterful pro-life rhetoric from the court justices and likeminded ultra-conservative politicians, look no further than Chief Justice Alito cherry picking out of context quotes from the Planned Parenthood vs. Casey decision as the basis for the decision. In his opinion he writes that the language used in Casey "conceded" that the interests of the woman aren't existent since contraception helps prevent most pregnancies. The reverse in fact holds true, as the 1992 opinion denied his very argument based on its unrealistic nature, with the court writing that for decades "people have organized intimate relationships and made choices ... in reliance on the availability of abortion in the event that contraception should fail." Ultimately, Alito's opinion has an ulterior motive. He stated that henceforth, all state regulations of abortion are to be considered valid if challenged in court as long as "there is a rational basis on which the legislature could have thought" it was serving state interests like the preservation of prenatal life. He also empowered the states to ban "barbaric" medical procedures for the preservation of "the integrity of the medical profession." In a nutshell, Alito has allowed the states to completely ban abortion completely on whatever basis.
The irony in this situation is that the same people that claim to be pro-life and parade around shouting "Make America Great Again" are the same ones that have mustered enough support to strip America of the principles it was founded upon. In the 17th century when Europe was busy chopping the heads off of anybody that didn't conform to the Christian religion, droves of immigrants flocked to our country where they could be free to practice whatever religion they desired, for there existed a separation of church and state. The man TJ (Thomas Jefferson, Founding Father) himself fought vehemently to ensure the state couldn't impose any law based upon religious principles. It's evident that that separation exists no longer, as the court's decision was undeniably based on the religious belief's of the court's members. The ONLY argument from pro-lifers that can't be refuted by logic, reasoning, or evidence is the point at which "life" begins – hardcore Christians believe that life begins at the moment of conception and that God forbids anyone from murdering, thus the need for abortion bans. This is something me and somebody with that ideology will have to agree to disagree about, as I feel life doesn't begin until the point of viability of the fetus. But this is America. We were founded on the idea that our government wouldn't force any religious view or obligation onto our people. Sadly, because the filibuster is inapplicable to Supreme Court nominees, the passing of Justices Antonin Scalia and Ruth Bader Ginsburg allowed Trump to easily pack the courts with two overwhelmingly conservative judges, actions which ultimately laid the groundwork for the dismantling of Roe.
What's been done so far?
In the week or so since the overturning, abortion rights groups have fired off a multitude of lawsuits in almost 12 states (so far) aimed at prolonging the process of banning abortions. Their litigators argue that provisions in the state constitutions offer protections to women not expressly included in the Constitution. Abortion rights activists are currently fighting to combat ballot initiatives that would deprive women their right to abortion and to pass those that would create one in states where the right to abortion is dependant on who controls the state house. Democratic groups are finally addressing their neglect of state and local elections, starting mass campaigns in swing states with slight Republican majorities and pushing for the election of pro-choice individuals to important positions such as state supreme court justice.
While abortion rights idealists say this strategy is hopeful, the future is absolutely uncertain, with a long, arduous path ahead. Conservative state legislatures have passed hundreds of restrictions over the years, and as the New York Times points out, "legislative districts are heavily gerrymandered to protect Republican incumbents." The outcome of litigation in those states will be decided by judges appointed by anti-abortion governors. Abortion rights groups view going state by state, proving or attempting to improve abortion rights in state constitutions as the most viable option for restoring rights to what they were like before the dismantling of Roe. They also seek to temporarily preserve access to abortion through lawsuits in states where the trigger has already been pulled on abortion. These groups have successfully blocked bans from taking place (albeit temporarily) in Louisiana, Kentucky, Florida, and Utah, but unfortunately weren't able to meet the same success in Ohio and Texas. Obviously help on the federal level would be ideal, however, abortion rights groups are focusing first on the states out of necesity. The pro-abortion lawsuits argue that state constitutions actually offer more protection of abortion than the U.S. Constitution. In Kentucky, for example, they argue that the constitution acknowledges a right to both "bodily autonomy" and privacy, while the Utah suit attempts to use a provision to the state constitution which states that "both males and female citizens of this state shall enjoy equally all civil, political, and religious rights and privileges" to safeguard the right to abortion. In 2019, the Kansas supreme court interpreted a provision in the constitution to protect a woman's right to choice, but anti-abortion advocates have rallied for an initiative at the ballot box this August to expressly prohibit abortions. A large pro-choice turnout is not only expected, but essential, and is the first indicator of to what extent disgust from the Supreme Court's decision will transform into abortion rights support.
Moreover, abortion rights advocates are urging the Senate to suspend the filibuster (which the creation of was quite possibly the worst thing thing our country did to democracy) in order to pass the Women's Health Protection Act, which would codify a right to abortion before the point of viability, as was guarenteed in Roe. Biden finally stopped basking in the filibuster and supported lts iifting, although he privately told various liberal leaders there weren't enough votes to do so.
Biden's Executive Order
Following extensive calls for executive action from everyone including but not limited to retired politicians, abortion rights groups, celebrities, and ordinary citizens, Biden has finallu signed an executive order meant to protect access to abortions. This order attempts to preserve access to medical abortion and contraception like the IUD, ensure patient privacy, and decrease the likelihood of prosecution against those administering abortion services. Although there's nothing Biden himself can do to universally restore the right to an abortion nationwide, he has commited to fighting for reproductive rights through whatever power he's capable of. However, various innovative ideas proposed to the White House have been rejected, including an expansion of the court as well as the allowance of abortion providers to work on federal property in states where abortions are banned.
What Biden did do, however, was task the Health and Human Services department with creating an interagency task force for reproductive health care access within 30 days. The HHS will work to expand access to emergency contraception and IUDs and will update guidance on the responsibilities and protections physicians must follow under the Emergency Medical Treatment and Labor Act. The agency has already banned states from themselves banning Mifepristone, an FDA approved medicine taken to terminate early pregnancies. In addition, Biden is ensuring an increase in public education efforts on abortion and assembling a staunch team of private pro bono litigators for both abortion providers and receivers. Xavier Becerra, director of the HHS just recently issued new guidance, clarifying that doctors aren't required and typically aren't permitted to disclose the private information of patients, even to law enforcement. Essentially, the executive order allowed all of the necessary things to be talked about without effectively doing anything about it. Much of the order was vague and didn't provide any meaningful help to those that currently need it. It really makes you wonder what in the world Sleepy Joe and his cabinet have been doing since the draft was leaked nearly months ago, but at least it's something.
Final Remarks
It's frankly quite bananas that we've somehow managed to go backwards in time and reverse the years of progress that we've made as a nation. I still can't wrap my head around how somebody thinks they have the right to tell a woman what to do with her body. It's just plain bonkers. No normal human who's brain functions properly thinks that is acceptable. The funny thing is this is one of the most basic concepts for humans to grasp, something we're all taught as young kids: don't treat someone how you wouldn't want to be treated. If you were a teenage girl who got raped walking home in the city at night would you want to be forced to keep the child and uproot the rest of your life? No, unless you're royally fucked in the head. If your mother of four who kills herself working just to put food on the table for you got knocked up by a deadbeat who tricked her into thinking he was "the one," would you want her to be burdened with another child, with no other option but suicide? No, unless you genuinely don't have a heart. If your wife had complications that prevented her from safely having your shared child, would you want to be stuck with only two options: being a widowed husband with a child or a single parent with a spouse in jail? No. No. No. It's undeniably fucked up what has happened and unfortunately the fight for abortion rights is far from over. However, all that can be done now is fight for the restoration of these rights. Biden just signed an executive order (albeit underwhelming) which is a step in the right direction and abortion rights groups are facing an apparent (so far) success in many state courts. All we can hope for now is that the filibuster is lifted so abortion can be made legal federally. I've included below a list of other ways you can help support women in this fight for their deserved right, which I urge you to do for after all, none of us would be here without them.
Ways to help
1. Donate
2. Vote
Midterm elections are coming up with the 2024 national election not too far away, its imperative that we keep abortion in the limelight of public debate and show support for candidates that show unwavering support for abortion rights. Find out where your elected officials and local candidates stand on reproductive rights and demand commitments to protecting abortion.
3. Take The ACLU Pledge
Take the American Civil Liberties Union's pledge to support abortion rights – put in your name and email to stay updated with rally/protest information and more ways you can help fight back.
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