Abortion

Subterms

    More stories

    • 163 Shares129 Views

      in US Politics

      Here’s how Americans can fight back to protect abortion rights | Rebecca Solnit

      by

      Here’s how Americans can fight back to protect abortion rightsRebecca SolnitA Democratic majority in both houses of Congress could make abortion a right by law, and it’s worth remembering Mexico, Ireland and Argentina are among the countries that recently did so How do you strip away cherished rights? The best strategy is incrementally and undramatically, a death of a thousand cuts. That’s how Republicans were hacking at voting rights until recently, when the rest of us woke up and began to pay attention to the cumulative impact of voter ID laws, the shuttering of polling places, restrictions on voting by mail, and all the rest. Reproductive rights have been under attack for more than 30 years – by rightwing terrorism against abortion providers all through the 1990s and as recently as 2015 in Colorado Springs, but also by a sort of attrition, narrowing down access by shutting clinics, limiting how many weeks pregnant you can be, and other such measures. Overturning Roe v Wade upends all this stealth and incrementalism. Judging by the reaction, it may be exactly the kind of overstep that leads to a backlash. After all, the great majority of Americans support the right to choose.There are many kinds of actions to take in response to this likely overturning of a fundamental right to bodily self-determination and privacy. (And it’s bitterly amusing that a court that wants to set policies reaching into the uteruses of people across the country apparently feels violated by having its own internal workings exposed with this leaked draft opinion.) Direct support for the poor and unfree people who will be the most affected is already under way – and by unfree I mean those who are under the domination of a hostile partner, family, church or community. People have organized to offer travel to clinics for those far from them, access to abortion pills, and other forms of support. But by backlash I mean and am hoping for the kind of backlash Trump’s election and subsequent outrages provoked, the 2018 election that swept the Squad and many other progressives into office and took back the House of Representatives. A Democratic majority in both houses could make abortion a right by law, and it’s worth remembering that Mexico, Ireland and Argentina are among the countries that recently did so.What is striking this time around in the US both about the rightwing agenda and the response is that it is broad enough to build powerful coalitions. The human rights activism of the 1990s was siloed: though the same voters and politicians might support LGBTQ rights and reproductive rights and racial justice, largely separate campaigns were built around each of them, and the common denominators were seldom articulated.This time around – well, as I wrote when the news broke: “First they came for the reproductive rights (Roe v Wade, 1973) and it doesn’t matter if you don’t have a uterus in its ovulatory years, because then they want to come for the marriage rights of same-sex couples (Obergefell v Hodges, 2015), and then the rights of consenting adults of the same gender to have sex with each other (Lawrence v Texas, 2003), and then for the right to birth control (Griswold v Connecticut, 1965). It doesn’t really matter if they’re coming for you, because they’re coming for us.”“Us” these days means pretty much everyone who’s not a straight white Christian man with rightwing politics. They’re building a broad constituency of opposition, and it is up to us to make that their fatal mistake.It’s all connected. If Texas wasn’t suppressing voting rights so effectively, rightwing politicians might not be running the state. If non-Republican turnout can overcome the restrictions, Texas itself – now leading the attacks on abortion rights and trans rights – could elect Beto O’Rourke governor in November and turn Texas Democratic. O’Rourke tweeted today: “If they want states to decide, then we must elect a governor who will protect a woman’s right to abortion.”The right knows that it represents a minority and a shrinking minority as Americans as a whole become more progressive and as the country becomes increasingly non-white. They have made a desperate gamble – to rule via minority power, for the benefit of the few, which is why voter suppression is so crucial a part of their agenda. It cannot be a winning strategy in the long run. But in the short run it can perpetrate immense damage to too many lives and to the climate itself. The revelations should strengthen our resolve to resist by remembering our power and strengthening our alliances, winning elections, and keeping eyes on the prize.
      Rebecca Solnit is a Guardian US columnist. Her most recent books are Recollections of My Nonexistence and Orwell’s Roses
      TopicsUS politicsOpinionAbortionUS supreme courtLaw (US)Roe v WadeGendercommentReuse this content More

    • 163 Shares99 Views

      in US Politics

      How soon could US states outlaw abortions if Roe v Wade is overturned?

      by

      How soon could US states outlaw abortions if Roe v Wade is overturned?If the draft supreme court decision is not substantially altered it would result in 26 states banning the procedure An unprecedented leak of a draft supreme court decision shows a majority of justices support ending federal protections for abortions in arguably the most controversial court case in generations.‘It will be chaos’: 26 states in US will ban abortion if supreme court ruling standsRead moreWhile the draft could still change, if it is not substantially altered it would result in 26 states immediately or as soon as practicable banning abortion, a sea change in the American legal and political landscape.Why would half of the US outlaw abortion?If the draft decision remains substantially unchanged, it would return the issue of abortion to the states, 26 states stand poised to ban or greatly restrict it. Until the court issues a final decision, the right to abortion is protected under federal law.That right was established in the landmark 1973 case Roe v Wade. Roe found pregnant people have a constitutional right to terminate a pregnancy up to the point a fetus can survive outside the womb, roughly considered 24 weeks gestation, and a legal principle called “viability”.graphicThe court’s finding in Roe invalidated dozens of state abortion bans, and made it illegal for states to outlaw abortion before viability. The case that was the subject of the leak on Monday, called Dobbs v Jackson Women’s Health Organization, considered a Mississippi law that banned abortion at 15 weeks. Even though this is not a total ban, it strikes at the heart of the holding that established a federal right to abortion.Do Americans support abortion?A recent poll found 70% of Americans think abortion is a choice that should be left to a woman and her doctor, and polling over time has shown support for legal abortion has changed little since Roe v Wade was decided. Only a small minority think abortion should be completely illegal.If most Americans support the right to abortion, can Congress intervene?The federal right to abortion hangs on a supreme court decision because, in the nearly 50 years since Roe v Wade was decided, congressional leaders failed to protect the right in statute.While there are Democrat-led efforts to protect abortion, they are stalled in the Senate. That’s because any new statute would need 60 votes to pass, and the 100-member Senate is evenly split. Democrats broadly support abortion rights, while Republicans almost universally oppose efforts to protect abortion rights.Some Democrats have proposed ending the 60-vote rule, called the filibuster, to move legislation on abortion and other key items on Joe Biden agenda’s forward. The president has endorsed such a change.However, two key Democratic senators, Joe Manchin and Kyrsten Sinema, oppose such a change. It is unclear how the leaked opinion may change their position. Sinema has said she supports abortion rights, while Manchin has issued conflicting messages.Biden has called on Americans to elect more members of Congress who support reproductive rights in the upcoming midterm elections in November.How soon would abortion become illegal?If the issue of abortion were to return to the states, 26 would immediately or as soon as practicable ban abortion.States would do so through a mix of abortion bans that were invalidated by Roe v Wade but remained on the books, abortion bans “triggered” if Roe is overturned, and laws that limit the gestational age at which a person can terminate a pregnancy. All will probably be the subject of court challenges.For example, an abortion ban enacted in 1931 could go back into effect in Michigan. There, the Republican-led legislature supports the ban, but the state’s Democratic governor is challenging it in state court.In Arkansas, the state legislature has enacted a “trigger” ban. There, the state attorney general would need to certify the central holding of Roe was indeed struck down. The attorney general, a Republican, would likely seek to do so quickly.Trigger bans vary from state to state. While Arkansas requires an attorney general certification, Wyoming requires the governor to certify Roe has been overturned before the law goes into effect five days later.Other bans, once blocked by the courts because of Roe, could also go into effect. Enforcement of a six-week abortion ban in Iowa could go into effect. Because that is just two weeks after a pregnant person might miss a period, and before most people know they are pregnant, it is effectively a near-total ban.In all cases, laws will probably be challenged by reproductive rights groups, and it will take time for cases to move through state and perhaps federal courts. Some experts have estimated it could take between six months to two years for most cases to be settled.What is certain is in that time, Republican-led states would probably seek to push the envelope in terms of criminalizing abortion, and seek to enforce the bans they already have on the books.How will people terminate pregnancies in states where it is banned?Making abortion illegal will not stop abortions. People who live in states where abortion is outlawed but want to terminate a pregnancy may seek to travel to states where it remains legal, or obtain medication to end a pregnancy.Medication abortion can safely end pregnancies up to 10 weeks gestation using a two-pill protocol. However, in states where abortion is illegal, those pills would need to be obtained illicitly, perhaps through through the mail.Patients who want to go to clinics, or whose pregnancy is too far along to be self-managed with medication, would need to travel potentially hundreds of miles to states where abortion is legal. That may be an impossible hurdle for women whose finances are strained or who cannot find childcare.People who live in states where abortion remains legal would also be impacted, because they would face longer wait times for appointments as patients flood into clinics from out-of-state. This could create a secondary wave of travel.Even more broadly, outlawing abortion would substantially undermine care for basic obstetric procedures, such as miscarriage and ectopic pregnancies, in a country which already has among the highest maternal mortality rates in the developed world.Nearly half (44%) of all future obstetricians and gynecologists are trained in states that would outlaw abortion, making it impossible to train all new doctors in the skills needed to manage induced or spontaneous abortion. Even more doctors may be frightened to provide evidence-based care to women who face life-threatening complications, if their condition is not imminently emergent – but may become so.How are liberal states responding?Some Democrat-led states, such as Oregon, are working to protect abortion by providing funds for people who travel to their states to obtain abortions. Others, such as California, are working to build capacity for the thousands of woman who could suddenly find the nearest abortion clinic there.But in all cases, these efforts will be incomplete. Not all people will be able to travel or obtain medication abortions, and may forced to carry an unwanted pregnancy to term.TopicsRoe v WadeAbortionUS politicsHealthexplainersReuse this content More

    • 100 Shares109 Views

      in Elections

      Overnight, Midterms Get a White-Hot New Focus: Abortion

      by

      Exultant Republicans planned new bans. Democrats, who have struggled to rally around abortion rights, hoped a bruising Supreme Court loss could jolt their voters into action.A leaked draft of a Supreme Court ruling overturning Roe v. Wade instantly propelled the debate over abortion into the white-hot center of American politics, emboldening Republicans across the country and leaving Democrats scrambling to jolt their voters into action six months before the midterm elections.Although the Supreme Court on Tuesday stressed that the draft opinion was not final, the prospect that the nation’s highest court was on the cusp of invalidating the constitutional right to abortion was a crowning moment for Republicans who are already enjoying momentum in the fight for control of Congress, statehouses and governor’s offices. Republican state leaders on Tuesday announced plans to further tighten restrictions on the procedure — or outlaw it outright — once the final ruling lands in the coming months.Democrats, reeling from the blow and divided over whom to blame, hoped the news would serve as a painful reality check for voters who have often taken abortion rights for granted and struggled to mobilize on the issue with the passion of abortion rights opponents. They said they planned to drive home the stakes in the fall, particularly in state races, putting abortion rights on the November ballot in key contests in Pennsylvania, Michigan, Arizona and other battlegrounds.“People were concerned about the lack of energy for voters in the midterms and not coming out to vote — well, the Supreme Court has just handed us a reason for people to vote,” said Representative Susan Wild, a Pennsylvania Democrat who faces a competitive re-election.“At one time I would have said they’re never going to take away right to contraception. But I don’t believe that anymore,” she said.Independent voters have overwhelmingly soured on President Biden, and many core Democratic constituencies have shown signs of trouble. Some party strategists privately cautioned against the idea that even something as seismic as overturning Roe would surpass the importance of the economy and inflation with many voters, something Republicans argued publicly.“Conventional wisdom right now is this helps Democrats because it will spur turnout, but it also could certainly spur turnout for base Republicans,” said Glen Bolger, a Republican strategist. “Generally most voters focus on the economy, for instance, and right now of course, inflation is dominant.”A woman writing a message supporting abortion rights before a protest on Tuesday in Manhattan.Caitlin Ochs for The New York TimesAn anti-abortion protester on Tuesday outside the Jackson Women’s Health Organization in Jackson, Miss.Rory Doyle for The New York TimesBut polling also shows that Americans strongly oppose completely overturning Roe v. Wade — 54 percent of Americans think the Roe decision should be upheld while 28 percent believe it should be overturned, a new Washington Post-ABC poll found. Democrats argue that many voters have long believed it was not truly in danger of being gutted. The draft opinion may change their calculus in meaningful ways, especially with suburban women and disillusioned base voters, those strategists say.“It hasn’t ever been that voters don’t care about it,” said Molly Murphy, a Democratic pollster and strategist, and the president of Impact Research. “It’s been concluded that it’s less effective because voters don’t believe that it could actually go away. And so with what the Supreme Court is signaling they’re about to do, is completely change and eliminate that sort of theory of the mobilizing power of abortion.”Understand the Challenge to Roe v. WadeThe Supreme Court’s upcoming decision in Dobbs v. Jackson Women’s Health Organization could be the most consequential to women’s access to abortion since 1973.The Arguments: After hearing arguments in December, the court appeared poised to uphold the Mississippi law at the center of the case that could overturn Roe v. Wade.Under Scrutiny: In overturning Roe v. Wade, would the justices be following their oath to uphold the Constitution or be engaging in political activism? Here is what legal scholars think.An America Without Roe: The changes created by the end of abortion rights at the federal level would mostly be felt by poor women in Republican states.An Extraordinary Breach: The leak of the draft opinion overturning Roe v. Wade suggests an internal disarray at odds with the decorum prized by Chief Justice John G. Roberts Jr.Familiar Arguments: The draft opinion, by Justice Samuel A. Alito Jr., draws on two decades-old conservative critiques of the Roe v. Wade decision.Legislative Activity: Some Republican-led state legislatures have already moved to advance abortion restrictions ahead of the court’s decision. Here is a look at those efforts.Without the court’s protection for abortion rights, states would be free to enforce their own restrictions or protections. That patchwork system is likely to shift the focus to governor’s races, where a state’s executive could have an outsize role in determining whether abortion is legal.Josh Shapiro, Pennsylvania’s attorney general and a candidate for governor, said he would veto any legislation restricting access to abortions.Matt Rourke/Associated PressIn Pennsylvania, Josh Shapiro, the state attorney general and Democratic candidate for governor, signaled that he planned to seize on the looming threat to Roe to cast himself as a one-man firewall against abortion rights opponents in his state. On Tuesday, he pledged to veto any legislation from the Republican-controlled Pennsylvania legislature that would restrict abortion access.“Every Pennsylvanian should be able to raise a family on their own terms,” Mr. Shapiro said. “And that means deciding if and when and how they want to do that.”But for all the talk from Democrats about abortion being on the ballot this fall, Mr. Shapiro’s race is the exception. Far more states, including Arizona, Georgia, Michigan, Texas and Wisconsin, all have laws on the books effectively banning abortion that would go into effect once Roe is invalidated. The November elections are unlikely to give Democrats the numbers to reverse those.In Wisconsin, for example, an 1849 law made performing an abortion a felony unless the pregnancy endangered the life of the mother. That law remains on the books, though several of the state’s Republican candidates for governor have endorsed proposals to eliminate any exceptions to the ban.On Tuesday afternoon, Gov. Tony Evers of Wisconsin sent a letter, signed by 15 fellow Democratic governors, urging Congress to enact federal abortion protections — a plea that is almost certain to go unmet.Although Mr. Evers won’t be able to make the case that he can save abortion protections in Wisconsin, he will argue that he can make other key decisions about how much the machinery of the state is used toward investigations and prosecutions of abortions, said Ben Wikler, the chairman of the Democratic Party of Wisconsin.Gov. Brian Kemp of Georgia played up a 2019 law that bans abortions in the state after six weeks.Alyssa Pointer/ReutersRepublicans were celebrating as they appeared on the cusp of victory. In Georgia, Gov. Brian Kemp, a Republican facing stiff primary and general election challenges, took a victory lap Tuesday, playing up a 2019 state law that bans abortion in the state after six weeks. The law has been held up in a federal appeals court awaiting the outcome of the Supreme Court’s decision.“We are the voice of all those people that are out there and have been in the trenches for decades doing this and we’re glad to be in the fight with them,” Mr. Kemp said during a radio interview Tuesday.In South Dakota, Gov. Kristi Noem, a Republican believed to have presidential ambitions, said Tuesday that she would immediately call for a special session to outlaw abortion in her state. Attorney General Eric Schmitt of Missouri said a broad ban on abortions in the state was just a signature away from enactment if Roe is in fact overturned. The speaker of the Nebraska Legislature told colleagues to expect a special session on abortion following the Supreme Court’s decision.Democrats running for Senate renewed calls to put Roe’s abortion protections into federal law and change the Senate rules, if necessary, to do it. Although Democrats currently control the Senate with Vice President Kamala Harris’s tiebreaking vote, they do not appear to have the votes to codify a woman’s right to an abortion, a major point of contention and blame-shifting among Democrats.Senator Joe Manchin III of West Virginia said Tuesday that he was still opposed to any changes to the filibuster, effectively ending any Democratic hopes of passing an abortion bill.Still, Democratic candidates signaled they planned to continue to promise to fight to codify Roe.“Democrats have to act quickly and get rid of the filibuster,” said Lt. Gov. John Fetterman of Pennsylvania, who is running for Senate, to “finally codify Roe into law. We cannot afford to wait.”Kina Collins, a Democrat in a primary for a House seat in Chicago, called on the party’s leaders to “fight like our lives depend on it.”“There is no place in this party for Democrats who will not,” she said.Sensing the potential harm of yet another intraparty skirmish, Representative Sean Patrick Maloney of New York, the chairman of the House Democrats’ campaign arm, warned against blaming fellow Democrats.“Focusing on what’s wrong with Democrats in the Senate or elsewhere is (another) circular firing squad,” Mr. Maloney wrote on Twitter. “We can only end the filibuster, pass real protections for choice IF WE WIN more power.”Trip Gabriel contributed reporting. More

    • 138 Shares139 Views

      in Elections

      Roe’s Fall Would Alter Political Battle Lines. But in What Way?

      by

      Democrats who were privately hoping for a surprise development to shake up the midterms have gotten their wish. Nobody expected it to come in the form of a leaked draft Supreme Court opinion overturning Roe v. Wade, however.It’s a political bombshell. But that doesn’t mean it’s easy to discern where the shrapnel lands.Democrats we spoke with on Tuesday were furious about Justice Samuel Alito’s draft opinion, which was presented in the document as the view of the court’s conservative majority. Universally, these Democrats viewed it as an assault on the fundamental rights of women to control their own bodies.But in coldly rational political terms, they expect the news to energize their base and motivate key swing groups, such as suburban college-educated women. They also pointed to polling showing that banning abortion, as a number of states have indicated they would do if Roe were overturned, would be unpopular with the broader public.“The more you see Republicans cheering the decision, the more you’re going to have voters saying, ‘Wait a second, this is not what I thought they were going to do,’” said Margie Omero, a Democratic pollster.“We hold that Roe and Casey must be overruled,” Alito wrote in the draft, which a representative for the court emphasized in a statement was not necessarily a final opinion. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”Understand the Challenge to Roe v. WadeThe Supreme Court’s upcoming decision in Dobbs v. Jackson Women’s Health Organization could be the most consequential to women’s access to abortion since 1973.The Arguments: After hearing arguments in December, the court appeared poised to uphold the Mississippi law at the center of the case that could overturn Roe v. Wade.Under Scrutiny: In overturning Roe v. Wade, would the justices be following their oath to uphold the Constitution or be engaging in political activism? Here is what legal scholars think.An America Without Roe: The changes created by the end of abortion rights at the federal level would mostly be felt by poor women in Republican states.An Extraordinary Breach: The leak of the draft opinion overturning Roe v. Wade suggests an internal disarray at odds with the decorum prized by Chief Justice John G. Roberts Jr.Familiar Arguments: The draft opinion, by Justice Samuel A. Alito Jr., draws on two decades-old conservative critiques of the Roe v. Wade decision.Legislative Activity: Some Republican-led state legislatures have already moved to advance abortion restrictions ahead of the court’s decision. Here is a look at those efforts.Omero pointed to an April 26 polling memo by Navigator, a Democratic messaging group she is involved with, arguing that a Supreme Court ruling along these lines “would motivate Democrats and pro-choice Americans significantly more to turn out in 2022 than Republicans and those who are pro-life.”Now that Roe’s elimination is no longer hypothetical, Omero said, she expects voters will begin paying more attention to the issue. “We’re going to have a decision that is going to lay bare the differences between the parties,” she said.What Republicans are sayingSo far, top Republicans would rather talk about the leak itself than the potential decision’s political implications.Senator Mitch McConnell, the minority leader, called the disclosure “an attack on the independence of the Supreme Court.” It was “a judicial insurrection,” said Gov. Ron DeSantis of Florida. “An act of institutional sabotage,” said Senator Ben Sasse of Nebraska.“They’re always unsure how to talk about abortion,” said Rachel Bovard, a senior director of policy at the Conservative Partnership Institute, a right-leaning think tank. Bovard said she had spent the past day discussing the implications of the leak with nervous Republican lawmakers and aides.Privately, Republicans are still trying to gauge how the issue will affect the midterms. On Tuesday, the National Republican Senatorial Committee sent a memo urging candidates to “be the compassionate consensus-builder” on abortion, while also highlighting what Republicans say are extreme views among Democrats.Indicating some concern about how Democrats and activists on the left might try to portray Alito’s draft opinion, the memo also recommended that G.O.P. candidates “forcefully refute” statements by Democrats that Republicans want to ban contraception and “throw doctors and women in jail.”Several G.O.P. operatives said that the issue could ultimately play to Republicans’ advantage if the debate becomes about whether to enact restrictions on the timing of abortions rather than about whether there ought to be a federal right in the first place.“Running on overturning Roe is not a winning issue” in a general election, said Garrett Ventry, a Republican political consultant. “Late-term abortion is.”Other Republicans expressed skepticism that abortion, rather than inflation or crime, would move many voters in November.“The battle lines on this issue have been drawn for a long time,” said Sean Spicer, a former press secretary for the Trump White House and Republican National Committee strategist.But the decision is likely to affect how candidates, donors and activists approach the political fights ahead of them, funneling millions of dollars into Senate and state-level races that could determine the shape of the post-Roe world.“If you’re running for Senate, you are tied to the national ideological debate,” said Kristin Davison, a Republican consultant involved in midterm races across the country. Running for governor is more complicated, she added, because “now you have to do something about it.”For social conservatives who have waited decades to overturn Roe, the fight is just beginning.“There’s no doubt the battle goes to the state level,” said Bob Vander Plaats, a Christian conservative leader in Iowa, who added that the next focus for the anti-abortion movement would be pushing across the country for laws on fetal cardiac activity. “It’s not a political issue. It’s a right or wrong issue.”What to readWhat would the end of Roe v. Wade look like? Here is our map showing where various states stand on abortion, and here are key questions and answers.The leak of the draft decision on Roe was an extraordinary breach and left the Supreme Court seriously shaken. Our reporter Adam Liptak explores the possible motives, methods and whether defections are still possible.Outside the Supreme Court on Tuesday, scores of supporters and opponents of abortion rights gathered with megaphones and signs. Here’s what they had to say.— Blake & LeahIs there anything you think we’re missing? Anything you want to see more of? We’d love to hear from you. Email us at onpolitics@nytimes.com. More

    • 188 Shares129 Views

      in US Politics

      Biden ‘not prepared’ to support ending Senate filibuster to pass abortion rights law – live

      by

      US politics liveRoe v WadeBiden ‘not prepared’ to support ending Senate filibuster to pass abortion rights law – live
      Full story: US shaken to its core by supreme court draft
      Chief justice orders inquiry into leak of draft ruling
      ’It will be chaos’: 26 states will ban abortion if ruling stands
      Abortion to become key fight in US midterm elections
      LIVE Updated 25m agoKari Paul (now), Richard Luscombe and Alexandra Topping (earlier)Tue 3 May 2022 17.28 EDTFirst published on Tue 3 May 2022 06.14 EDT0Show key events onlyLive feedShow key events onlyFrom More

    • 200 Shares149 Views

      in US Politics

      'A radical decision': Biden condemns leaked US supreme court opinion on Roe v Wade – video

      by

      President Joe Biden on Tuesday blasted the ‘radical’ draft opinion suggesting the supreme court may be be poised to overturn the landmark 1973 Roe v Wade case that legalised abortion nationwide, saying it would threaten ‘a whole range of rights’ if it holds. Speaking to reporters before boarding Air Force One, Biden said he hoped the draft would not be finalised by justices, contending it reflects a ‘fundamental shift in American jurisprudence’ that threatens other rights such as privacy and marriage

      US politics – live updates More

    • 175 Shares189 Views

      in US Politics

      The Guardian view on overturning Roe v Wade: a human rights catastrophe | Editorial

      by

      The Guardian view on overturning Roe v Wade: a human rights catastropheEditorialAccess to safe abortion is vanishing fast. The US supreme court appears poised to deal it the worst blow yet If the supreme court overturns Roe v Wade, as a leaked draft opinion indicates, it will be a crushing blow to the fundamental right of women in the United States to control their own bodies. It is the grim culmination of a crusade by zealots, against the will of the majority, to risk the health, happiness and lives of women. An accelerating erosion of rights and services has already slashed access to abortions, and many feared that Donald Trump’s judicial legacy would be the curtailment or reversal of the 1973 ruling, which effectively legalised abortion nationally. But this text, obtained by Politico and written by Justice Samuel Alito, looks worse than expected. Excoriating Roe v Wade as “egregiously wrong from the start”, it abandons the issue to states – nearly half of which have, or will soon have, laws banning abortion.Such a decision will force women to give birth in a country with high maternal mortality rates and no national paid maternity leave; it will risk lives as they access illegal abortions; it will threaten to criminalise vulnerable women and those who help them (and even those who have miscarriages); it will push yet more children into poverty. Experts warn that states are likely to pass further restrictions targeting those who travel to obtain abortions, or order medication to manage their abortions at home. These days there are new ways for women to obtain abortions, but also new ways to track them, and those supporting them. Overturning the five-decades-old decision could also help to pave the way for a nationwide abortion ban.Moreover, it throws into doubt other established rights, such as gay marriage, which are similarly rooted in the right to privacy. Though it states that it does not do so – arguing that abortion is a unique issue because it involves the right to life or potential life – that is little reassurance. After all, two of the justices backing this decision were confirmed after describing Roe v Wade as “settled law”.This catastrophic decision, assuming it proceeds, both highlights and solidifies the gulf between different Americas. First, the geographical division between states that ban abortion – home to the majority of women – and those that do not. Second, the socioeconomic and racial divide between those whose wealth and connections will allow them to access abortion, and the rest. Finally, it captures the gulf between American public opinion and the institutions that have been captured by the right because the electoral college, the Senate and supreme court are all skewed in favour of Republicans. A poll in January found that only 30% of voters wanted to see Roe v Wade overturned; 69% were opposed.The move is also strikingly out of step with the rest of the world. With a few exceptions – notably Poland – the trend has been overwhelmingly towards the liberalisation of abortion laws, including in countries such as Chile and Ireland. The UN special rapporteur on the right to health, Dr Tlaleng Mofokeng, has warned that overturning abortion rights would set a dangerous precedent, as well as violate international human rights treaties, including the convention against torture.But this decision, of course, can only be fixed at home. Democrats demand the codification of Roe v Wade, knowing that it would require overturning the filibuster, a Senate procedural rule. Calls for supreme court reform will gain ground, with the introduction of term limits a more straightforward move than expanding the court. Beyond the immediate crisis is the greater challenge of fixing a political system now tilted decisively towards Republicans through the systematic pursuit of power, from gerrymandering to voter suppression to control of elections themselves. The right’s victory is the fruit of an orchestrated campaign over decades; the fightback will demand equal ferocity and commitment. This blow could yet help to create some of the momentum required. November’s midterms will be the first test.TopicsRoe v WadeOpinionAbortionUS supreme courtHealthUS politicsWomeneditorialsReuse this content More

    • 200 Shares189 Views

      in US Politics

      ‘It will be chaos’: 26 states in US will ban abortion if supreme court ruling stands

      by

      ‘It will be chaos’: 26 states in US will ban abortion if supreme court ruling standsRegulation would be returned to states where lawmakers in south and midwest have enacted bans in anticipation of court’s decision More than half of US states will outlaw abortion immediately or as soon as practicable, if a leaked draft decision from five supreme court justices remains substantially unchanged.US states could ban people from traveling for abortions, experts warnRead moreThe result would send hundreds of thousands of people in 26 states hostile to abortion elsewhere to terminate a pregnancy – either by traveling hundreds of miles to an abortion clinic or seeking to self-manage abortion through medication from grassroots or illicit groups.Many would also be forced to carry unwanted pregnancies to term.“Abortion is an essential part of reproductive healthcare, and this is going to affect people, even people who think, ‘I will never have an abortion,’” said Dr Nisha Verma, a Darney-Landy fellow with the American College of Obstetricians and Gynecologists.On Monday, a draft supreme court decision in arguably the most contentious case in generations was leaked. The case considered whether Mississippi could ban abortion at 15 weeks gestation.The ban is highly significant because it strikes at the heart of US constitutional protections for abortion. The landmark 1973 decision Roe v Wade established the right for pregnant people to terminate a pregnancy up to the point a fetus can survive outside the womb, roughly considered 24 weeks gestation, and a legal principle called “viability”.Two maps, one showing the distance under current law of each US county to the nearest abortion provider. The second map shows the increased distances if Roe is overruled and clinics close.The decision invalidated dozens of state bans, and until the court issues a final decision, prevents states from outlawing abortion before viability. A final decision is expected from the court in late June.The leaked decision in the Mississippi case, called Dobbs v Jackson Women’s Health Organization, shows five conservative justices are willing to reverse constitutional protections for abortion on the grounds Roe v Wade was wrongly decided.If the decision is not substantially changed by the time a final opinion is issued, abortion regulation would be returned to the states where lawmakers across the south and midwest of the US have enacted bans in anticipation of the court’s decision.“There’s six months to two years before the dust settles,” said Elizabeth Nash, interim associate director of state issues in the Guttmacher Institute, a reproductive rights research organization. “It will be chaos.”In that time, “there will be a lot of fluctuation as states are trying to implement their bans”, some of which are designed to go into effect immediately after a court decision is issued.Such state bans would probably close abortion clinics for nearly half of US women of reproductive age (41%) and increase the average driving distance to an abortion provider from 35 miles to 279, according to predictions from Professor Caitlin Knowles Mayers, an economist at Middlebury College in Vermont who has studied how the reversal of Roe would affect accessibility of abortion. This would probably reduce the rate of abortions by 20% in states that ban the procedure and increase births by 4% (birth estimates are less certain).“As was the case in the pre-Roe era, many women seeking abortions will find a way to get to the states where abortion is legal,” said Myers. “Current empirical evidence suggests that about three-quarters of women in the states that go dark will manage to make such a trip, reaching providers in soon-to-be “border” states like Florida, Illinois, New Mexico and Virginia.” Myer also works as a consultant to the Center for Reproductive Rights and Planned Parenthood Federation of America, one of the nation’s largest networks of abortion providers.Roughly 860,000 induced abortions are performed each year in the US. However, a disproportionate share of the people who seek abortions are low-income or people of color who already have children, making it more difficult to obtain an abortion.“Current evidence on the causal effects of travel distances indicates that about one-quarter of women seeking abortions will not be able to travel to obtain them and that most of these women end up giving birth as a result,” said Myers. More