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      How Americans lost their right to abortions: a victory for conservatives, 50 years in the making

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      How Americans lost their right to abortions: a victory for conservatives, 50 years in the making Why, and how, a decision opposed by a majority of Americans came about has everything to do with political power, experts sayThe short version of how Americans lost their right to terminate a pregnancy might be summed up in one name: Trump.The real estate tycoon and reality-TV star first shocked the world by winning the US presidency, then rewarded his base by confirming three supreme court justices to a nine-member bench, thus rebalancing the court to lean conservative for a generation to come.That short road led to Dobbs v Jackson Women’s Health Organization, an opinion released this week in which supreme court justices voted to overturn the landmark case Roe v Wade, which in 1973 granted a constitutional right to abortion.The end of federal protection for abortion is expected to lead to 26 states banning the procedure immediately or as soon as practicable, affecting tens of millions of US women and people who can become pregnant.The decision comes even though about 85% of Americans favor legal abortion in at least some circumstances. Why, and how, a decision opposed by a majority of Americans came about has everything to do with political power, experts said.The anti-abortion movement is “the best organized faction in American politics”, said Frederick Clarkson, an expert on the Christian right and a senior research analyst at Political Research Associate, a progressive thinktank in Massachusetts.“They understand they’re a minority of the population, of the electorate, and certainly a minority set of views on reproductive rights issues,” he said. “But because they know that, they’ve found effective ways of maximizing their political clout by being better organized than numerically greater factions who are less well organized.”Put another way, he said, the anti-abortion movement “mastered the tools of democracy to achieve undemocratic outcomes”.The currents that led to the Dobbs decision are among the most powerful in American politics today. Over decades, a religious movement prevailed by harnessing the forces of polarization, the erosion of constitutional norms and the manipulation of US democracy, scholars said.“It’s not like we’ve had this slow erosion of abortion rights,” said Neil Siegel, an expert in constitutional law and professor at Duke University who clerked for former liberal Justice Ruth Bader Ginsburg. Instead, justices issued an opinion that “is utterly dismissive of what has been constitutional law for literally five decades”, and was “repeatedly affirmed by justices appointed by both parties”.The conservative-leaning court will shatter one more constitutional norm, issuing a once-in-a-lifetime reversal, after another event without modern precedent: the leak of a supreme court draft opinion. Even before Dobbs was released, the leak spelled out the doom of Roe v Wade.“The court is not the institution I served,” said Siegel.Today, abortion is among the most partisan issues in the US, with Republicans and the anti-abortion movement so closely aligned there is little daylight between them. In the 1970s, however, abortion was seen as a “Catholic issue”, with both pro-choice Republicans and anti-abortion Democrats in Congress. The supreme court voted in favor of Roe v Wade by a 7-2 margin.Some of this transformation reflects “deliberate changes by the anti-abortion movement, some of it is structural changes to US democracy, and some of it is just luck,” said Mary Ziegler, visiting professor at Harvard and a professor of constitutional law at the University of California Davis.Contrary to popular belief, there was no immediate political backlash to Roe v Wade. In the years that followed, important bills banned the federal government from paying for abortions, but a constitutional amendment to outright ban the procedure failed.It wasn’t until the late 1970s that Republican strategists, such as Paul Weyrich, saw abortion as an issue that might unlock the votes of millions of white evangelical Christians, alongside opposition to women’s rights and to desegregation court rulings. The plan worked: Catholics and white evangelical Protestants were brought into uneasy alliance with Republicans.“Back in the 70s and 80s, when the anti-abortion movement was maturing, I remember events where you would see one Catholic bishop sitting on stage uncomfortably with evangelicals,” said Clarkson.It would be decades before evangelical Christians and Catholics entirely fused their modern agenda, with abortion, gay marriage and religious freedom as top issues. Nevertheless, the new alliance soon produced a “moral majority” that buoyed Ronald Reagan’s campaign. Like Trump, Reagan initially supported “liberalized” abortion law, before he later promised to oppose abortion as president.This political realignment was helped along by the Voting Rights Act of 1965, which constitutional scholars argued forced segregationist southern Democrats into real competition with Republicans for the first time.“You don’t understand reproductive politics in this country if you don’t understand racial politics in this country,” said Loretta Ross, founder of the SisterSong Women of Color Reproductive Health Collective, a reproductive rights organizer in Georgia.“I believe the current restrictions on abortion, birth control and sex education are all designed to compel white women to have more babies,” said Ross. “I’m not convinced they want more brown or Black babies,” even though brown and Black women would be disproportionately affected by abortion bans, she said.This political realignment also brought Republicans distinct structural advantages based on the architecture of the US constitution – a force Siegel describes as “rural favoritism”.The two-chamber Congress is made up of the House of Representatives, whose seats are based on population, and the Senate, which grants each state two votes no matter the population. “The constitution has always disproportionately favored rural voters, but it didn’t always favor one party,” said Siegel.As Republican senators began to represent more white, Christian and rural voters, however, they also gained advantage of a feature baked into the US constitution. Today, Republicans collectively represent 41.5 million fewer Americans than Democrats, even though the Senate is evenly split. As a result, the new conservative-leaning court was confirmed by a body which represents a minority of voters.“That is reflective of minority rule,” said Siegel.Republican strategists’ appeal to socially conservative voters also began to substantially redefine what it meant to be Republican.“The party professionals and establishment Republicans thought they could control them,” said Clarkson. “They were wrong: they became the party.”The new anti-abortion arrivals pushed for more power, working “to exercise more influence over the composition of the GOP to ensure the nominees would be ideologically pure enough”, Clarkson said.Demography added urgency to the anti-abortion cause, Siegel said. The Republican party is overwhelmingly white and Christian, but the size of its base is threatened by rapidly changing US demographics as America grows more racially diverse and less religious. White Americans are predicted to be a minority by 2045.That has pushed Republicans to practice “existential politics”, made each election cycle feel more critical than the last and forced the parties further apart, said Siegel. At the same time, partisan redistricting, known as gerrymandering, has allowed more extreme candidates to win uncompetitive districts, exacerbating polarization.In the case of Dobbs, power and luck collided when the base elected Trump, a man who once professed to be pro-choice, won the election even as he lost the popular vote and was then offered the rare opportunity to confirm three new justices to the court.The forces behind Dobbs also show how especially American values – autonomy, liberty and self-determination – will be redefined in a new supreme court era.“There’s mutual animosity between members of the two parties, but there is more of an asymmetry in terms of how far to the right the Republican party has moved, and willingness to break norms for short-term partisan advantage,” said Siegel. “Or, in the case of the supreme court, for long-term partisan advantage.”
      This article was amended on 24 June 2022 to clarify Frederick Clarkson’s biography.
      TopicsRoe v WadeAbortionUS supreme courtLaw (US)US politicsRepublicansanalysisReuse this content More

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      The supreme court just overturned Roe v Wade – what happens next?

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      The supreme court just overturned Roe v Wade – what happens next?Court’s move will allow more than half of states to ban abortion, with an immediate impact on tens of millions of Americans01:39The supreme court just overturned the landmark Roe v Wade case, which granted women in the US the right to terminate a pregnancy. A reversal of this magnitude is almost unprecedented, particularly on a case decided nearly 50 years ago.The extraordinarily rare move will allow more than half of states to ban abortion, with an immediate and enduring impact on tens of millions of Americans.Roe v Wade overturned as supreme court strikes down federal right to abortion – liveRead moreWhat happened?The court decided there is no constitutional right to abortion in a case called Dobbs v Jackson Women’s Health Organization. In reaching that decision, the conservative-majority court overturned Roe v Wade, from 1973.Historically, the court has overturned cases to grant more rights. The court has done the opposite here, and its decision will restrict a constitutional right generations of Americans have grown up taking for granted.As a result of the reversal, states will again be permitted to ban or severely restrict abortion, changes that will indelibly alter the national understanding of liberty, self-determination and personal autonomy.Where will this happen?Twenty-six states are expected to do so immediately, or as soon as practicable. This will make abortion illegal across most of the south and midwest.In these states, women and other people who can become pregnant will need to either travel hundreds of miles to reach an abortion provider or self-manage abortions at home through medication or other means.However, anti-abortion laws are not national. The US will have a patchwork of laws, including restrictions and protections, because some Democratic-led states such as California and New York expanded reproductive rights in the run-up to the decision.Even so, new abortion bans will make the US one of just four nations to roll back abortion rights since 1994, and by far the wealthiest and most influential nation to do so. The other three nations to curtail abortion rights are Poland, El Salvador and Nicaragua, according to the Center for Reproductive Rights. More than half (58%) of all US women of reproductive age – or 40 million people – live in states hostile to abortion.When will this happen?Across most states, this will happen quickly. Thirteen states have abortion bans “triggered” by a reversal of Roe v Wade, though the laws vary in their enforcement dates. Louisiana, for example, has a trigger law that is supposed to take effect immediately. Idaho has a trigger ban that goes into effect in 30 days.Other states have abortion bans that pre-date the Roe decision, but have been unenforceable in the last five decades. Michigan has a pre-Roe ban that is currently the subject of a court challenge.A final group of states intends to ban abortion very early in pregnancy, often before women know they are pregnant. One such state is Georgia, where abortion will be banned at six weeks. Several states, such as Texas, have multiple bans in place.In many cases, court challenges under state constitutions are likely, and experts believe there will be chaos for days or weeks as states implement bans.Can the federal government stop this?The most effective protection against state abortion bans is a federal law, which would precede the states. Public opinion favors such statute – 85% of Americans believe abortion should be legal in most or all circumstances.Such a law would need the majority support of the House of Representatives, a 60-vote majority in the Senate, and a signature from Joe Biden to pass. A majority of members of the House of Representatives support an abortion rights statute, as does the White House.However, Republicans are almost certain to block abortion rights laws in the Senate, which is evenly split with Democrats. One Democratic senator, Joe Manchin of West Virginia, has repeatedly crossed party lines to vote against abortion rights. That leaves just 49 Democrats, far short of the support needed to pass such a measure.To overcome the evenly split Senate, Democrats would need to win landslide victories in the upcoming midterm elections. However, despite the fact that popular opinion favors abortion rights, it is unclear how the midterms could be swayed by the issue.And, regardless of the outcome of the next election, Dobbs will forever change life in the US. The lives of individuals will be irrevocably altered as people are denied reproductive healthcare, face long journeys or are forced to give birth.TopicsRoe v WadeUS supreme courtAbortionWomenUS politicsLaw (US)HealthexplainersReuse this content More

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      in Elections

      Should Biden Run for Re-election in 2024?

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      More from our inbox:A Threat to Free SpeechG.O.P. Election DeniersRepublicans Against Birth ControlPresident Biden with Senators Joe Manchin III of West Virginia, center, and Jon Tester of Montana. Many Democratic officials and voters bear no ill will toward Mr. Biden, but would like a new face to lead the party.Doug Mills/The New York TimesTo the Editor:“Biden in 2024? Many in Party Whisper, ‘No’” (front page, June 12) raises the question of why so many Democrats seem to be down on President Biden. He is guiding the U.S. out of the pandemic, encouraged and signed major infrastructure legislation, galvanized the international coalition that has enabled Ukraine to resist Russia’s horrific invasion and appointed highly qualified judges who are diverse in terms of ethnicity, gender, sexual orientation, ideology and experience, and who promise to counter the deleterious effects of Donald Trump appointees.These and many other accomplishments comprise an excellent record for a president’s first 17 months, especially when the Democrats possessed a razor-thin Senate majority.Carl TobiasRichmond, Va.The writer is a professor at the University of Richmond School of Law.To the Editor:A breathtakingly common theme, whether we read about gun massacres, the economy, climate legislation or crumbling infrastructure, is that our nation feels in crisis, rudderless, lacking a moral compass.I have great admiration for the decent, calm, highly experienced Joe Biden. But it is now clear to me that our nation needs a much more assertive, energetic leader who can move hearts, minds and legislation against a tsunami of Republican obstructionism, the selfish noncooperation of select Democratic senators, and the relentless lies and conspiracies masquerading as news.This is a herculean task. I’m not sure who is up to it. But I think Howard Dean is right. Go younger. And go bolder. We need someone with big ideas and the negotiating ability to move public opinion and legislation forward.Sally PeabodyPeabody, Mass.To the Editor:“Biden in 2024? Many in Party Whisper, ‘No’ ” is a thoughtful, interesting analysis of the many pros and cons of President Biden’s running again. But I think many of the points raised are irrelevant, because the controlling issue is the president’s age.The idea that a man in his 80s (he would be 82 when inaugurated for a second term and 86 by its end) would have the energy to do such a demanding job is simply wrong. I say this as a 90-year-old man who is able to cook, walk, drive, see friends and take part in public life.But it is clear that anyone’s energy in their 80s is greatly diminished. And as David Axelrod is quoted as saying, “The presidency is a monstrously taxing job.”Eric WolmanLittle Silver, N.J.To the Editor:President Biden may be down but it’s premature to count him out. In 1948 Harry Truman faced similar problems. Few people gave him any chance of winning the presidency. The economy was bad. The world was a mess. He was too blunt for most people. Many felt he was not up to the job. Support within his own party was disintegrating, just as Mr. Biden’s support is declining.What happened? Truman did not give up, and he won the election. Will Mr. Biden be the 21st-century Truman?Paul FeinerGreenburgh, N.Y.A Threat to Free Speech Pablo DelcanTo the Editor:The New York Times editorial board has said it plans to identify threats to free speech and offer solutions.One of the most dangerous threats to free speech is the tremendous growth over three to four decades of government agencies, businesses and others barring employees from speaking to journalists. Sometimes bans are total. Sometimes they prohibit contact unless authorities oversee it, often through public information offices.Legal analysis from the Brechner Center for Freedom of Information finds that such constraints in public agencies, although very common, are unconstitutional. Many courts have agreed.Despite our pride in some outstanding journalism, no news outlet overcomes all the blockages and intimidation of sources that this censorship creates. Quite enough information is successfully hidden to be corrosive.The press should not be taking the risk of assuming that what we get is all there is when so many people are silenced. We should be openly fighting these controls.Haisten WillisKathryn FoxhallTimothy WheelerMr. Willis and Ms. Foxhall are chair and vice chair, respectively, of the Freedom of Information Committee, Society of Professional Journalists. Mr. Wheeler is chair of the Freedom of Information Task Force, Society of Environmental Journalists.G.O.P. Election DeniersJim Marchant in Carson City, Nev., in March 2021. He is the Republican nominee for Nevada secretary of state and an organizer of a Trump-inspired coalition of candidates who falsely insist the 2020 election was stolen.Ricardo Torres-Cortez/Las Vegas Sun, via Associated PressTo the Editor:Re “Far-Right Election Deniers Pressing Closer to Controlling Votes” (news analysis, June 16):The alarming rise of far-right Republicans who could hold significant sway over the electoral systems of several swing states leaves me feeling incredibly worried.That we as citizens of the United States would ever have to even ponder whether or not the candidate who won the majority of votes would be certified as the victor in an election is nothing short of horrifying.Despite knowing better, far too many self-serving Republicans have allowed their party to become a den of showy snake oil salesmen and women who peddle conspiracies and mistruths. The dangerous state our democracy finds itself in now is their responsibility.Cody LyonBrooklynRepublicans Against Birth ControlHailey Kramer, the chief nurse practitioner at Tri-Rivers Family Planning, said her patients make clear that birth control is a deeply personal decision.Whitney Curtis for The New York TimesTo the Editor:Re “Missouri Battle on Birth Control Gives Hint of a Post-Roe Nation” (front page, June 14):Those same Republican conservatives who advocate personal responsibility not only want to ban all abortions for women. Now they also want to deprive women of their ability to prevent pregnancy by taking away funding for methods of birth control.It’s illogical and unconscionable, but sadly no longer unthinkable.Merri RosenbergArdsley, N.Y. More

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      in US Politics

      Republicans keep passing extreme anti-abortion bans without popular support. Here’s why

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      Republicans keep passing extreme anti-abortion bans without popular support. Here’s whyMost Americans don’t want abortion bans but gerrymandering allows politicians to face little accountability Hello, and happy Thursday,As states have passed a wave of increasingly extreme abortion restrictions in recent years, a sort of puzzling contradiction has emerged. The American public broadly supports the right to an abortion, public polling has shown, yet politicians who pass these controversial restrictions are consistently re-elected. Why is that?US braces for House committee’s primetime January 6 hearings – liveRead moreYesterday, we published a story that seeks to answer that question. A big part of why politicians face little accountability is gerrymandering. State lawmakers, who have the power to draw the boundaries of their own districts in most places, can pick which voters they represent and virtually guarantee their re-election.It’s more important than ever to understand this dynamic. In his draft opinion overturning Roe v Wade, Justice Samuel Alito wrote that abortion is an issue that should be resolved by the political process, not the courts. By insulating politicians from accountability, extreme gerrymandering prevents the political process from doing that. In 2019, Alito joined four of the court’s conservative justices in saying there was nothing federal courts could do to police even the most extreme gerrymandering.Few places better capture the link between partisan gerrymandering and extreme anti-abortion measures than Ohio.In 2010, Republicans won control of the Ohio legislature and drew new maps that allowed them to hold a veto-proof majority for the next decade. In 2011, the legislature began to pass a series of restrictions on abortion. Republicans enacted a new law that banned abortion after a fetus was viable and required viability testing after 20 weeks. They passed another measure that prohibited taxpayer-funded hospitals from entering into patient transfer agreements with clinics, making it harder for the clinics to operate. In 2019, the state had banned abortion after six weeks, one of the most restrictive laws in the country. (The Ohio Policy Evaluation Network, which tracks abortion access in Ohio has a good timeline of these bills).When Ohio lawmakers were passing these measures, there wasn’t overwhelming public support for them. Ohio voters are closely divided on abortion and a majority did not support the six week ban (one poll after it passed in 2019 showed that a majority of people opposed it). Even so, Ohio Republicans have maintained their majorities in the state legislature.“That mismatch between what we see in public opinion and what we see at the statehouse, really suggests that what citizens are thinking about abortion access really is not reflected in their statehouse,” Danielle Bessett, a sociology professor at the University of Cincinnati, who closely studies abortion care in Ohio, told me. “That suggests that there isn’t a concern about this being sort of something that they’re going to get held accountable for at the polls.”It’s an imbalance that exists across the country. Nationally, 61% of Americans say abortion should be legal in all or most cases, but states are enacting a blitz of increasingly extreme restrictions, including several that are considering outright bans. Republicans continue to control more state legislative chambers than Democrats do, and very few are expected to flip partisan control (fewer than 1 in 5 state legislative districts are estimated to be competitive this year).In Ohio, Republicans have once again engineered maps that preserve their advantage. After the state supreme court struck down five proposals for a new legislative map because they were too gerrymandered, lawmakers ran out the clock. They convinced a federal court to impose a map for the 2022 elections that will allow them to maintain, at minimum, 54% of the seats in the state legislature.“It’s frustrating. In some ways it’s hopeful that people do think that abortion should be a right and should exist for people in Ohio,” Sri Thakkilapati, the interim executive director of PreTerm, an abortion clinic in Cleveland told me. “It’s helpful to know that there are more of us. But in some ways it’s very disheartening…It feels like it’s not gonna make a difference.”Also worth watching…
      Jim Marchant, a QAnon linked candidate running to be Nevada’s chief election official, is seeking his party’s nomination in the GOP primary on Tuesday.
      Voters with disabilities are suing Alabama for offering inadequate access to absentee ballots for people who are blind
      TopicsUS newsFight to voteUS politicsAbortionOhioRoe v WadefeaturesReuse this content More

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      in US Politics

      How Republicans pass abortion bans most Americans don’t want

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      How Republicans pass abortion bans most Americans don’t wantLegalized abortion in some form is widely supported, but gerrymandered districts allow politicians to push extreme measures through On 10 April 2019, the Ohio legislature easily passed SB 23, a bill that banned abortion after a fetal heartbeat is detected, as early as six weeks into a pregnancy.It was a move that should have carried considerable political risk in Ohio, a state closely divided between Democrats and Republicans. There wasn’t widespread support for the bill – polling showed public opinion was nearly evenly split over the bill (a poll after the bill was passed showed a majority opposed it), John Kasich, a previous Republican governor, had twice vetoed the bill, saying it was unconstitutional, and it had stalled in the legislature for years.But Ohio’s governor, Mike DeWine, a Republican, nonetheless signed the bill into law the next day. And the following fall, when the politicians who passed the measure came up for re-election, Republicans didn’t lose any seats in the state legislature. In fact, they expanded their majority.Pro-choice forces are working to keep abortion legal in Michigan with a ballot initiativeRead moreOhio offers a case study of how US politicians enact extreme abortion measures that don’t align with voters’ views but face little accountability at the polls – an issue even more at stake this month as the supreme court is on the verge of issuing a decision that will probably overturn Roe v Wade, the landmark 1973 decision establishing a constitutional right to an abortion. In Ohio and elsewhere, politicians are protected by their ability to draw their own political districts every 10 years, distorting them in such a way as to virtually guarantee their re-election. Republicans drew the lines in Ohio in 2011 and have held a supermajority in the state legislature ever since. “We can kind of do what we want,” Matt Huffman, the top Republican in the Ohio senate, told the Columbus Dispatch recently.In a leaked draft opinion overturning Roe, Justice Samuel Alito wrote that disputes over abortion should be resolved through the political process. “The permissibility of abortion, and the limitations, upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting,” Alito wrote, quoting the late Justice Antonin Scalia.But as it urges returning abortion to the political sphere, the supreme court has sanctioned a manipulation of the political process that makes it nearly impossible for Ohioans and voters in other states to make their voices heard on abortion. In 2019, Alito and four of the court’s conservative justices said federal courts could not do anything to police partisan gerrymandering, giving lawmakers in Ohio and elsewhere more freedom to gerrymander their districts.That kind of gerrymandering will probably serve as an invisible, virtually impenetrable fortress that will allow lawmakers across the US to continue to push extreme abortion measures that are unsupported by the public. Although public attitudes about abortion can be complex, the vast majority do not support overturning Roe v Wade and a majority supports legalized abortion in some form. State lawmakers who have pushed measures criminalizing abortion and outlawing it entirely have ignored those attitudes.“They are different strands of the same braid. We don’t have those restrictions without the gerrymandering,” said Kellie Copeland, the executive director of Pro-Choice Ohio, a group that works to protect abortion access in the state.When Ohio was considering the six-week abortion ban, Copeland said, her organization facilitated a “parade of witnesses” – medical professionals, women who had abortions, religious leaders – to give emotional testimony to the legislature. Many lawmakers didn’t stick around to listen. “They don’t care. And they don’t care because they know they’re untouchable because of gerrymandering,” she said.It’s a problem that exists beyond Ohio. The vast majority of Americans believe abortion should be legal in at least some circumstances, but state lawmakers continue to offer a blitz of increasingly extreme restrictions on abortion. Republicans control far more state legislative chambers than Democrats do and only about 17.5% of state legislative districts are expected to be competitive over the next decade. Very few chambers are expected to flip partisan control. In Ohio, Republicans have once again come up with a state legislative map distorted to their advantage and have openly defied the state supreme court’s orders to come up with a fairer map.Extreme restrictions with extreme consequencesIn 2010, Kasich had ousted an incumbent Democrat and Republicans flipped control of the Ohio house as part of a nationwide Republican effort aimed at winning state legislative chambers to control the redistricting process. Armed with complete redistricting power, Ohio Republicans drew new districts that allowed them to win a supermajority in the state legislature throughout the last decade, even as Barack Obama carried the state in 2008 and 2012.A wave of new restrictions on abortion restrictions began to flow. In 2012, the state enacted a new law banning abortions after a fetus was viable, except in cases of medical emergency, and requiring viability testing at 20 weeks (three to four weeks before the accepted medical definition of viability). The next year, Ohio lawmakers tucked a number of restrictions into a budget bill, including a hugely consequential measure that prevented abortion clinics from entering into required patient-transfer agreements with taxpayer-funded hospitals. The state went on to prohibit certain government money from going to Planned Parenthood, ban abortion at 20 weeks post-fertilization outright and, in 2019, passed the six-week abortion ban.“Throughout the ’80s, ’90s, early 2000s, there were occasional laws that would tinker with the informed consent requirement for an abortion or tinker around the edges with minors access to abortion and things like that,” said Jessie Hill, a law professor at Case Western Univerity. “We really started to see an uptick in abortion restrictions after 2010, or 2011, the last time the redistricting took effect in Ohio. It’s been since then, just sort of increasingly extreme restrictions.”Those restrictions produced extreme consequences. Between 2011 and 2015, seven of the state’s 16 abortion clinics either closed or curtailed their operations (six full-service clinics remain open today with three additional clinics providing medication abortion services). A complete ban on abortion in the state could increase the average distance a woman has to travel in Ohio to an abortion clinic from an average of 26 miles to as much as 269 miles in a worst-case scenario, according to one recent study.It’s a burden that significantly harms those in rural areas, who have seen clinics in their counties close and who will have to take more time off work to travel.“It’s kind of death by a thousand cuts,” said Sri Thakkilapati, the interim executive director of PreTerm, an abortion clinic in Cleveland. “Maybe any one or two of these things you could overcome, but all together it becomes a really burdensome process,” As the supreme court weighs overturning Roe v Wade, Ohio is now considering a virtually complete ban on abortion. Such a ban would mean that those seeking an abortion will have to pay “exorbitant amounts of income” to travel to obtain an abortion out of state, said Danielle Bessett, a professor at the University of Cincinnati who studies abortion access. “People who are not gonna be able to afford that travel … are then going to try and self-source abortion care at home. And we’ll probably see lots of inequality in how people are prosecuted and arrested for that,” she said.And lastly, she said, there will be those who don’t try either of those and are forced to carry their pregnancy to term. “There are equity issues there, too, with Black women having the highest rate of maternal mortality,” she said.As lawmakers have pushed these severe restrictions, they have consistently remained out of line with what most Ohioans believe. Polls have consistently shown that a majority of Ohio voters support some form of legalized abortion, while a minority believes it should be illegal.“Those who are anti-abortion and claim a faith tradition, they don’t speak for me. They don’t represent the countless folks who are faithfully pro-choice. Same thing with our elected leaders. They don’t represent who we are and what we believe in our communities,” said Elaina Ramsey, the executive director of Faith Choice Ohio, which works to protect abortion access.Thakkilapati agrees. “It’s frustrating. In some ways it’s hopeful that people do think that abortion should be a right and should exist for people in Ohio. It’s helpful to know that there are more of us. But in some ways it’s very disheartening,” she said. “It feels like it’s not gonna make a difference.”TopicsAbortionThe fight to voteOhioRoe v WadeUS supreme courtUS politicsnewsReuse this content More

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      Will anti-abortionists use ‘uterus surveillance’ against women in the US? | Arwa Mahdawi

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      Will anti-abortionists use ‘uterus surveillance’ against women in the US?Arwa MahdawiIf, as is expected, Roe v Wade is overturned by the US supreme court, 26 states are certain or likely to ban abortion – and data tracking could mean there’s nowhere for women to hide If you are looking for a cheerful column that will make you giggle and distract you from everything that is wrong with the world, click away now. This week I have nothing but doom, gloom and data trackers for you. If you are hoping to sink into a well of existential despair, maybe let out a few screams into the void, then you’ve come to the right place.Here goes: the US supreme court, as you are no doubt aware, is expected to overturn Roe v Wade and the federal right to an abortion very soon. At least 13 Republican-led states have “trigger laws” in place, which means that the moment Roe is overruled, abortion will be fully or partly banned. Other states will follow suit. According to the Guttmacher Institute, a pro-choice research organisation, 26 states are certain or likely to ban abortion when Roe falls.Perhaps you are the glass half-full sort. Perhaps you are thinking: “Well, at least people can travel to a state where abortion is legal.” Unfortunately, it’s not that simple. There are the obvious logistical and financial constraints, for one thing. Then there’s the fact that we live in a world of mass surveillance: pretty much everything we do these days leaves a digital footprint – one that anti-abortion extremists will not hesitate to weaponise. One Democratic senator has described the potential of new technology to track down and punish anyone who might even be thinking of having an abortion as “uterus surveillance”. Expect to see a big rise in this, not least because some anti-abortion states are providing financial incentives to snitch on your fellow citizens. Texas, for example, has passed “bounty hunter” laws promising at least $10,000 to individuals who help enforce the abortion ban by successfully suing an abortion provider.To be fair, there’s nothing new about uterus surveillance. Anti-abortion activists may be stuck in the past when it comes to reproductive rights, but they have always been adept at using modern technology to further their goals. One tactic they’ve used for decades is standing outside clinics and recording the licence plates of anyone who enters. As far back as 1993, extremists were tracing the people connected to those licence plates, obtaining their phone numbers, then calling up to harass them. Years ago tracing someone took a bit of time and effort. Nowadays, you can look up someone’s personal information with the click of a button and a small fee.The wonders of the modern world mean there are a mind-boggling number of ways in which you can now identify anyone who might be thinking about an abortion. To begin with, there’s location data. Vice media recently reported that a data location company is selling information related to Planned Parenthood facilities (many of which provide abortions). The data shows where groups of people visiting the locations came from, how long they stayed and where they went afterwards. That data is aggregated so it doesn’t provide the names of individuals; however, de-anonymising this sort of information is not very difficult. There is plenty of evidence that location data is almost never anonymous.Period-tracking apps, which are used by millions of people, are also a worrying source of potentially incriminating information in a post-Roe world. Experts have warned that rightwing organisations could buy data from these apps and use it to prove that someone was pregnant then had an abortion. Your text messages could also be used against you, as could your browser history. Indeed, authorities in Mississippi have already used a woman’s online search for abortion pills to indict her for second-degree murder after she miscarried. That happened in 2018; imagine what is going to happen in a post-Roe world. Speaking of which, I’ve just realised I Googled the word “abortion” 100 times while researching this. I’m off to scrub my search history.
      Arwa Mahdawi is a Guardian columnist
      TopicsRoe v WadeOpinionAbortionUS politicsWomenHealthUS supreme courtLaw (US)commentReuse this content More

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      in Elections

      Democrats Can Win This Fall if They Make One Key Promise

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      Democrats hope to make November’s midterm elections a referendum on Roe v. Wade, the linchpin decision upholding abortion rights, which the Supreme Court is almost certain to strike down this summer. That strategy makes sense. Polls show that roughly two in three Americans oppose overturning Roe and almost 60 percent support passing a bill to set Roe’s protections in a federal law. What’s more, polls showed a rising number of voters listing abortion as their top midterm issue after news of Roe’s imminent demise leaked in the form of a draft court opinion published by Politico.Unfortunately, their current plan is almost sure to fail.After the Democrats came up with just 49 votes to bring a Roe-protecting bill before the Senate on May 11, they promised to keep fighting and, in the words of Senator Amy Klobuchar, “take that fight right to the ballot box” in November. But you can’t make an election into a referendum on an issue if you can’t point to anything winning the election would accomplish. To make the 2022 elections a referendum on Roe, Democrats have to put protecting Roe and abortion rights on the table.Here’s one way to do that: get clear public commitments from every Senate Democrat (and candidate for Senate) not only to vote for the Roe bill in January 2023 but also to change the filibuster rules to ensure that a majority vote would actually pass the bill and send it to the White House for the president’s signature.At present, there are likely 48 Senate Democrats who can make that pledge. Senators Joe Manchin and Kyrsten Sinema are dead set against any changes to the filibuster — a fact you likely know because most of President Biden’s agenda has been bottled up behind their refusal for the past year. Some claim that Senators Manchin and Sinema are just taking the public heat for a number of other Senate Democrats who are also unwilling to change the filibuster rules. That’s highly unlikely. But if any do have misgivings, that’s why the public commitments are so important. Getting a list of holdouts down to a publicly named handful is the first step to persuading them to fall in line.If my math is right and there are 48 Senate Democrats ready to make that pledge, they need two additional Democratic senators in the next Congress. And that is the party’s message that makes the 2022 midterms a referendum on Roe: “Give us the House and two more senators, and we will make Roe law in January 2023.”No ambiguity, no haggling, no living in Senator Manchin’s head for a year. You give us this, and we’ll give you that. That tells voters exactly what will be delivered with a Democratic win. It also defines what constitutes a win: control of the House and two more Senate seats.The campaign message is clear: If you want to protect Roe, give us those majorities. If this is your passion, here’s where to channel that passion. These are the Senate seats we need to hold (in New Hampshire, Arizona, Georgia and Nevada) and here are the ones we need to win (in Pennsylvania and Wisconsin and possibly in Ohio, Florida and North Carolina). With those commitments in hand, one question should be on the lips of every Democratic candidate. Will you make a firm commitment to never vote for a federal law banning abortion nationwide?Few, if any, Republicans would be able to make that pledge. And their evasions wouldn’t just make them look ridiculous; that would put squarely on the table the very real threat that Republicans would enact a nationwide abortion ban as soon as January 2025. That could prove enough to win Senate races in Pennsylvania, Wisconsin and Ohio.In a way, though, this strategy isn’t so much about winning the 2022 midterms or even making Roe into a federal law, although it’s the best way to accomplish both. It’s just an example of how you win elections.Effective campaigns are built on connecting the intense beliefs of the electorate — their hopes and fears — directly to the hard mechanics of political power. You’ve got to connect those wires. If you were testing some new electrical contraption, that’s the first thing you’d do: make sure the energy supply is wired to the engine that makes it run. This is no different. Without tying a specific electoral result to a clear commitment to a specific legislative action after the elections, you’re not connecting those wires.What Democrats would be proposing is a classic small-c conservative solution in the best sense of the word. Codifying Roe would preserve the set of rights and protections that the vast majority of Americans have lived their entire adult lives with and that the overwhelming majority of Americans do not want to change. The threat that the court will strike down such a law is real but overstated. And in any case, refusing to act because of what opponents might do is the definition of political paralysis.So how do Democrats get from here to there?They likely can’t rely on the party’s leaders, at least not at first. But they’re not essential. It’s really up to voters and activists and particularly committed members of Congress. Probably half the Democrats in the Senate would be happy to sign on this dotted line by the end of the day. Those who are up for re-election, even in safe races, will come around quickly.Some senators may resist at first. And that wouldn’t be surprising. Politicians seldom see any advantage to committing themselves in advance or reducing their room for maneuver. It’s always safer to keep your options open and be as general as possible until the final moment. That’s why assembling a clear public list of commitments is critical. Once the list gets down to a handful of hesitaters, the pressure from Democrats nationwide, focused on those members, will be overwhelming. If there are real holdouts, they’ll fold in short order.You don’t need to wait on Nancy Pelosi or Chuck Schumer or President Biden. You can get the ball rolling by calling up your Democratic senator today.Josh Marshall (@joshtpm) is the founder and editor in chief of the political news website TPM.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Abortion and guns may awaken a slumbering giant for Democrats | Robert Reich

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      Abortion and guns may awaken a slumbering giant for DemocratsRobert ReichA mobilisation such as America has rarely seen could propel Democrats to larger majorities this November Two of the most basic human aspirations are making one’s own decisions about whether or when to have a child, free from government interference, and keeping any child one does have out of harm’s way, secure against random violence.Yet both aspirations have been fiercely resisted in the United States – the first by many evangelical Christians, the second by the gun lobby.Republican lawmakers are in the pockets of both. Democratic lawmakers are on the side of reproductive freedom and gun control.It has become the sharpest divide in contemporary American politics.The American people are not evenly divided on these issues. A large majority wants to maintain access to abortions during the first trimester of pregnancy, which has been the rule since the supreme court decided Roe v Wade in 1973.An even larger majority (including many Republican voters) support requiring universal background checks for would-be gun buyers, and most favor banning high-capacity magazines and the sale of assault weapons.Do the opinions of the majority matter on these two issues, where politically potent minorities have demanded the opposite? At first glance, it seems not.After the 2 May leak of a draft opinion in the case of Dobbs v Jackson Women’s Health Organization, written by Samuel Alito and evidently joined by four other Republican-appointed justices – which argues that no right to abortion can be found in the constitution and that, therefore, no such right exists – Senate Democrats tried to codify a national right to abortion.But on 11 May, the Women’s Health Protection Act failed in the Senate, by a vote of 49 to 51. That was short not only of a simple majority but, more importantly, of the super-majority of 60 votes required to overcome the inevitable filibuster. (Only the West Virginia Democrat Joe Manchin crossed party lines.)Now, in the wake of last week’s massacre of 19 children and two teachers in Uvalde, Texas, Congress is about to vote on regulating guns. Almost no one believes there are 10 Republican senators who will support any form of gun control, even after last week’s horror.While steadfastly refusing to maintain access to abortion services and refusing all recent attempts to control guns, Republican lawmakers at the federal and state levels also remain opposed to government funding for childcare, parental leave, sex education and contraception, and for reproductive, maternal, neo-natal and pediatric health services.It takes a great deal to awaken the slumbering giant of American voters. Most do not belong to either major political party. Many are turned off by politics. In the typical midterm election, only about half of those who are eligible to vote do so.Yet every so often the slumbering giant awakens – and with a swoop of its huge arm at the ballot box remedies the growing disconnect between what voters want and what politicians do (or fail to do).In the 2014 midterms, only 20% of young people between the ages of 18 and 29 went to the polls.But in the 2018 midterms, after two years of Donald Trump and congressional Republicans trampling on issues young people cared about – such as the environment, education and protection for undocumented immigrants who came to America as children – young voters were stirred to action: 36% of them voted. That was enough to switch control of the House to the Democrats.Most pundits are convinced that the Democrats are doomed to lose the House and Senate in the upcoming midterms. They point to the fact that after 15 months in office, Biden is polling badly, at about 40%.But the punditocracy is ignoring the disconnect between what most Americans want on abortion and guns and what Republican lawmakers are doing.The two issues of abortion and guns may have a larger impact on Americans together than they have had separately because of the moral relationship between them – being free to decide whether and when to have children and keeping children safe from gun violence.(The pundits also forget that at the same point in his presidency, Ronald Reagan was polling at about 40%. But as inflation declined, Reagan ran for re-election against Walter Mondale and won 49 states.)If the slumbering giant does awaken, a mobilization such as America has rarely seen could propel Democrats to larger majorities in the House and Senate this November – giving them enough votes in the Senate to eliminate the filibuster and consigning Republicans to a near permanent minority.
      Robert Reich, a former US secretary of labor, is professor of public policy at the University of California at Berkeley and the author of Saving Capitalism: For the Many, Not the Few and The Common Good. His new book, The System: Who Rigged It, How We Fix It, is out now. He is a Guardian US columnist. His newsletter is at robertreich.substack.com
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