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      The Guardian view on overturning Roe v Wade: anti-abortionists reign supreme | Editorial

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      The Guardian view on overturning Roe v Wade: anti-abortionists reign supremeEditorialThe removal of women’s constitutional right to abortion will deepen hardship and division in the US The decision, when it came on Friday, was not a surprise. Even before the dramatic leak of Justice Samuel Alito’s draft opinion last month, it was widely predicted that the US supreme court would grab the opportunity presented by the Dobbs v Jackson Women’s Health Organization case to rescind the decision made in 1973 in Roe v Wade. This, after all, was the purpose of President Trump’s three supreme court selections – and the culmination of a decades-long campaign by anti-abortionists to return to states the authority to ban the procedure. But the announcement still came as a shock. The US’s global influence means that the decision to remove a woman’s constitutional right to abortion there reverberates far beyond its shores.The speed with which multiple US states reacted is disturbing; already, abortion has been outlawed in 10, with 11 more expected to follow shortly. While all women should be entitled to control their own lives and bodies, there are instances when denying this is particularly cruel. Americans who oppose forced pregnancy and birth now face the horror of rape and incest victims, including children, being compelled to become mothers. The US is exceptional in its lack of federal maternity provisions; children as well as parents will suffer the consequences of unwanted additions to their families, with poor and black people the worst affected.Early signs are that the most extreme Republican legislatures could try to block girls and women from travelling out of state for treatment, and impose further restrictions on care delivered remotely including medication sent by mail. The potential for personal data stored online, including on menstrual apps, to be used against women is causing justified alarm. Having relied on Roe v Wade to protect access to abortion for half a century, politicians can no longer do so. Abortion is now set to become a key issue in this autumn’s midterms.How this pans out will depend on public opinion; polling data suggest that 85% of Americans support legal abortion in some circumstances, and Democrats hope that this could work to their advantage. But the anti-abortion right is a formidable force. With hindsight, President Obama’s decision not to codify Roe v Wade into federal law, and Justice Ruth Bader Ginsburg’s choice not to retire when he could have nominated a replacement, look like disastrous errors.The three liberal justices who dissented said they did so with sorrow for “many millions of American women” and also for the court itself. With this decision, it has chosen to reopen deep wounds. The 14th amendment on which Roe v Wade rested granted rights to former slaves, and is the basis for other crucial decisions including on same-sex marriage. By dismissing Roe v Wade in the way that they did, and against the wishes of Chief Justice John Roberts (who argued to retain it, while allowing Mississippi’s 15-week rule to stand), the court’s hard-right wing has seized control.Unprecedented division, and greatly increased hardship and risk for those denied safe healthcare, will be the outcome. While there is reassurance in noting moves elsewhere towards liberalisation, US anti-abortionists are far from unique, as tightened restrictions in Poland and the situation in Northern Ireland show. It is too soon to say whether Trump’s justices and their backers have overreached from an electoral perspective. If there is an early lesson to be drawn, it is that once gained, women’s rights must be constantly defended.TopicsRoe v WadeOpinionUS supreme courtAbortionLaw (US)WomenHealthRepublicanseditorialsReuse this content More

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      How the Christian right took over the judiciary and changed America

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      How the Christian right took over the judiciary and changed America Leaders of the movement understood very well that if you can capture the courts, you can change societyThe supreme court decision in Dobbs v Jackson Women’s Health Organization, which reverses the constitutional abortion rights that American women have enjoyed over the past 50 years, has come as a surprise to many voters. A majority, after all, support reproductive rights and regard their abolition as regressive and barbaric.Understood in the context of the movement that created the supreme court in its current incarnation, however, there is nothing surprising about it. In fact, it marks the beginning rather than the endpoint of the agenda this movement has in mind.At the core of the Dobbs decision lies the conviction that the power of government can and should be used to impose a certain moral and religious vision – a supposedly biblical and regressive understanding of the Christian religion – on the population at large.How did this conviction come to have such influence in the courts, given America’s longstanding principle of church-state separation? To understand why this is happening now, it’s important to know something about the Christian nationalist movement’s history, how its leaders chose the issue of abortion as a means of creating single-issue voters, and how they united conservatives across denominational barriers by, in effect, inventing a new form of intensely political religion.Christian nationalists often claim their movement got its start as a grassroots reaction to Roe v Wade in 1973. But the movement actually gelled several years later with a crucial assist from a group calling itself the “New Right”.Paul Weyrich, Howard Phillips, Phyllis Schlafly and other leaders of this movement were dissatisfied with the direction of the Republican party and the culture at large. “We are radicals who want to change the existing power structure. We are not conservatives in the sense that conservative means accepting the status quo,” Paul Weyrich said. “We want change – we are the forces of change.”They were angry at liberals, who they believed threatened to undermine national security with their softness on communism. They were angry at establishment conservatives – the “Rockefeller Republicans” – for siding with the liberals; they were angry about the rising tide of feminism, which they saw as a menace to the social order, and about the civil rights movement and the danger it posed to segregation. One thing that they were not particularly angry about, at least initially, was the matter of abortion rights.New Right leaders formed common cause with a handful of conservative Catholics, including George Weigel and Richard John Neuhaus, who shared their concerns, and drew in powerful conservative preachers such as Jerry Falwell and Bob Jones Sr. They were determined to ignite a hyper-conservative counter-revolution. All they needed now was an issue that could be used to unify its disparate elements and draw in the rank and file.Among their core concerns was the fear that the supreme court might end tax exemptions for segregated Christian schools. Jerry Falwell and many of his fellow southern, white, conservative pastors were closely involved with segregated schools and universities – Jones went so far as to call segregation “God’s established order” and referred to desegregationists as “Satanic propagandists” who were “leading colored Christians astray”. As far as these pastors were concerned, they had the right not just to separate people on the basis of race but to also receive federal money for the purpose.They knew, however, that “Stop the tax on segregation!” wasn’t going to be an effective rallying cry for their new movement. As the historian and author Randall Balmer wrote, “It wasn’t until 1979 – a full six years after Roe – that evangelical leaders, at the behest of conservative activist Paul Weyrich, seized on abortion not for moral reasons, but as a rallying-cry to deny President Jimmy Carter a second term. Why? Because the anti-abortion crusade was more palatable than the religious right’s real motive: protecting segregated schools.”In many respects abortion was an unlikely choice, because when the Roe v Wade decision was issued, most Protestant Republicans supported it. The Southern Baptist Convention passed resolutions in 1971 and 1974 expressing support for the liberalization of abortion law, and an editorial in their wire service hailed the passage of Roe v Wade, declaring that “religious liberty, human equality and justice are advanced by the Supreme Court abortion decision.” As governor of California, Ronald Reagan passed the most liberal abortion law in the country in 1967. Conservative icon Barry Goldwater supported abortion law liberalization too, at least early in his career, and his wife Peggy was a cofounder of Planned Parenthood in Arizona.Yet abortion turned out to be the critical unifying issue for two fundamentally political reasons. First, it brought together conservative Catholics who supplied much of the intellectual leadership of the movement with conservative Protestants and evangelicals. Second, by tying abortion to the perceived social ills of the age – the sexual revolution, the civil rights movement, and women’s liberation – the issue became a focal point for the anxieties about social change welling up from the base.Over time, pro-choice voices were purged from the Republican party. In her 2016 book, How the Republican Party Became Pro-Life, Phyllis Schlafly details the considerable effort it took, over several decades, to force the Republican party to change its views on the issue. What her book and the history shows is that the “pro-life religion” that we see today, which cuts across denominational boundaries on the political right, is a modern creation.In recent decades, the religious right has invested many hundreds of millions of dollars developing a complex and coordinated infrastructure, whose features include rightwing policy groups, networking organizations, data initiatives and media. A critical component of this infrastructure is its sophisticated legal sphere.Movement leaders understood very well that if you can capture the courts, you can change society. Leading organizations include the Alliance Defending Freedom, which is involved in many of the recent cases intended to degrade the principle of church-state separation; First Liberty; Becket, formerly known as the Becket Fund for Religious Liberty; and the Federalist Society, a networking and support organization for rightwing jurists and their allies whose leader, Leonard Leo, has directed hundreds of millions of dollars to a network of affiliated organizations. This infrastructure has created a pipeline to funnel ideologues to important judicial positions at the national and federal level. Nearly 90% of Trump’s appellate court nominees were or are Federalist Society members, according to Senator Sheldon Whitehouse, and all six conservative justices on the supreme court are current or former members.The rightwing legal movement has spent several decades establishing a new regime in which “religious liberty” is reframed as an exemption from the law, one enjoyed by a certain preferred category of religion. LGBT advocacy groups are concerned that the supreme court’s willingness, in the next session, to hear the case of a Colorado website designer who wishes to refuse services to same-sex couples is a critical step to overturning a broad range of anti-discrimination laws that protect LGBT Americans along with women, members of religious minority groups and others.The legal powerhouses of the Christian right have also recognized that their efforts can be turned into a gravy train of public money. That is one of the reasons a recent supreme court decision, which ruled Maine must fund religious schools as part of a state tuition program, was predicted by observers of this movement. This decision forces the state to fund religious schools no matter how discriminatory their practices and sectarian their teachings. “This court continues to dismantle the wall of separation between church and state,” Justice Sonia Sotomayor wrote in her dissent.This supreme court has already made clear how swiftly our Christian nationalist judiciary will change the law to suit this vision of a society ruled by a reactionary elite, a society with a preferred religion and a prescribed code of sexual behavior, all backed by the coercive power of the state. The idea that they will stop with overturning Roe v Wade is a delusion.TopicsAbortionRoe v WadeUS supreme courtLaw (US)US politicsReligionChristianityfeaturesReuse this content More

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      ‘Abortion returns to the states’: US attorneys general react to Roe v Wade ruling

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      ‘Abortion returns to the states’: US attorneys general react to Roe v Wade rulingThose in more progressive states assured people that abortion is still legal while Republicans framed it as a celebratory occasion The US supreme court has ruled that the constitution does not protect the right to an abortion, opening the door for states to ban or severely restrict abortion access. In several states, abortion becomes immediately illegal, while other states have already taken steps to ban abortion.The people who will enforce these anti-abortion laws are attorneys general, the top legal authority for each state. Within hours of the supreme court overturning the landmark 1973 Roe v Wade decision, nearly every state’s attorney general released a statement.In more progressive states, attorneys general assured people that abortion is still legal in their state – for those living there and those who don’t. New York attorney general Leticia James said, “Regardless of the situation at the national level, New York will always be a safe haven for anyone seeking an abortion.”Biden condemns US supreme court’s ‘tragic error’ of overturning Roe v WadeRead moreMeanwhile, several Republican attorneys general framed the decisions as a historic and celebratory occasion. “None of us thought today would come in our lifetimes,” said Arkansas attorney general Leslie Rutledge. Alabama’s Steve Marshall said, “Today is a truly historic day.” Kentucky’s Daniel Cameron said, “We are entering a new era. No longer will unelected judges make abortion policy for the commonwealth.”Ken Paxton, Texas’ attorney general, made clear the ramifications: “Today, the question of abortion returns to the states. And in Texas, that question has already been answered: abortion is illegal here.”Louisiana state attorney general Jeff Landry further stoked anxieties that the US is hurtling toward a theocracy: “This is the day the Lord has made; let us rejoice in it and be glad. Today, along with millions across Louisiana and America, I rejoice with my departed Mom and the unborn children with her in Heaven!”Below is an excerpt of the response from every state attorney general, either on their official website, via Twitter or in a public statement. Some attorney generals had not released a public statement as of Friday 5.30pm ET.TopicsUS supreme courtAbortionLaw (US)Roe v WadeUS politicsnewsReuse this content More

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      Biden warns women’s lives in danger after supreme court overturns Roe v Wade – live

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      President Joe Biden has decried the supreme court’s decision overturning the constitutional right to abortion, warning that it risks the health of women nationwide.“The court has done what it has never done done before: expressly take away a constitutional right that is so fundamental to so many Americans,” Biden said in a speech from the White House. “It’s a sad day for the court and for the country.”01:29“Now with Roe gone, let’s be very clear, the health and life of women in this nation are now at risk.”Amanda Gorman, first national youth poet laureate, wrote this in reaction to today’s ruling: We will not be delayed.We will not be masqueradeTo the tale of a handmade.We will not let Roe v. Wade slowly fade.Because when we show up today,We’re already standing upWith the tomorrow we made.Let’s get to work: https://t.co/BNVLVLM6Ji— Amanda Gorman (@TheAmandaGorman) June 24, 2022
      Lisa Murkowski, one of two Senate Republicans who supports abortion rights, said she would “work with a broader group” to restore rights. The Alaska senator said: .css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}I am continuing to work with a broader group to restore women’s freedom to control their own health decisions wherever they live. Legislation to accomplish that must be a priority.But the sentiment is unlikely to get her very far. Encoding abortion protections will require support from all the Senate Democrats and 10 Republicans. Dozens of elected prosecutors across the US have signed a letter pledging not to prosecute abortions, including officials in states with “trigger laws” that are in the process of banning abortion. DAs pledging not to prosecute abortion in states with trigger laws + bans include officials in St Louis, MO; Jefferson Co in Alabama; Dallas, Travis, Bexar, Nueces, Fort Bend counties in Texas; Genesee, Hinds, Washtenaw, Ingham, Marquette counties in Mich; and Hinds County, Miss pic.twitter.com/vGkUKnGJnG— Sam Levin (@SamTLevin) June 24, 2022
      A total of 83 district attorneys and state attorneys general agreed to the commitment, saying they were united in their belief that “prosecutors have a responsibility to refrain from using limited criminal legal system resources to criminalize personal medical decisions”, adding, “As such, we decline to use our offices’ resources to criminalize reproductive health decisions and commit to exercise our well settled discretion and refrain from prosecuting those who seek, provide, or support abortions.”In addition to commitments from officials in blue states that have laws defending abortion rights, the signatories include local district attorneys in Missouri, Texas, Michigan and Mississippi. Even with Roe in effect, prosecutors across the US have brought criminal charges against people for pregnancy loss and other outcomes, and advocates say this kind of criminalization will significantly escalate with the Roe decision overturned. She was jailed for losing a pregnancy. Her nightmare could become more commonRead moreWhere are abortions now banned?In nine states, bans on abortion took effect today, following the ruling. These states include: Alabama, Arkansas, Kentucky, Louisiana, Missouri, Oklahoma, South Dakota, Utah and Wisconsin. In other states, bans on abortions in most cases will take effect in 30 days. And in some others, legislatures and legal bodies will determine how to proceed – convening to legislate new restrictions, or provide guidance on previously unenforceable abortion restrictions. Abortion deserts: America’s new geography of access to care – mappedRead moreIn a letter to Democratic colleagues, House speaker Nancy Pelosi acknowledged that Thomas’ concurring opinion was “of special concern”. She also said that when it comes to gun control and abortion access, “It is clear that the path forward will depend on the outcome of the upcoming midterm elections.”“The contrast between our parties could not be clearer: while Democrats are the party of freedom and safety, Republicans are the party of punishment and control,” she said. “We must ‘Remember in November’ that the rights of women, and indeed all Americans, are on the ballot.”The repercussions from the supreme court’s ruling overturning the constitutional right to abortion continue to be felt across the country. Here is what has happened today so far:
      President Joe Biden condemned the ruling, calling it “a sad day for the court and for the country”.
      Donald Trump, who as president installed three of the justices that voted to strike down Roe v Wade, reportedly doesn’t think the ruling is a good idea.
      States nationwide are scrambling to react to the decision, with many Republican-led governments moving to ban abortion immediately.
      West coast governors pledged their states would be havens for abortion access.
      A Republican senator said she was duped by two of the supreme court justices who she supported while insisting they would respect Roe v Wade.
      Protesters are gathering at the supreme court building in Washington DC.
      Among the conservative justices, there was a slight difference of opinion in how far the abortion ruling should go.
      Congress approved the bipartisan gun control compromise, sending the bill to Biden for his signature.
      The US politics blog is now in the hands of Maanvi Singh on the west coast, who will take you through the final hours of a day with massive consequences for the country.Dubbing it the “West Coast Offense”, the Democratic governors of California, Oregon and Washington have announced a push to preserve abortion access for their residents and people who come from neighboring states to seek the procedure.The Supreme Court has stripped women of their liberty and let red states replace it with mandated birth.This is an attack on American freedom.CA, OR and WA are creating the West Coast offensive. A road map for other states to stand up for women.Time to fight like hell. pic.twitter.com/jBrJcTQVa8— Gavin Newsom (@GavinNewsom) June 24, 2022
      The three governors have been vocal about the issue ever since the leak of the supreme court’s draft opinion overturning Roe v Wade. In 2021, California governor Gavin Newsom signed new laws protecting abortion providers and patients in the country’s most-populous state:Governor vows to make California a ‘reproductive freedom state’Read moreIn the end, there weren’t enough of them to stop the court’s conservative majority from overturning Roe v Wade, but the dissenting opinion from the court’s three liberal justices Stephen Breyer, Sonia Sotomayor and Elena Kagan acts as a requiem of sorts for the 49-year-old constitutional right to abortion, now overturned:Earlier this Term, this court signaled that Mississippi’s stratagem would succeed. Texas was one of the fistful of states to have recently banned abortions after six weeks of pregnancy. It added to that “flagrantly unconstitutional” restriction an unprecedented scheme to “evade judicial scrutiny.” And five justices acceded to that cynical maneuver. They let Texas defy this court’s constitutional rulings, nullifying Roe and Casey ahead of schedule in the Nation’s second largest state.And now the other shoe drops, courtesy of that same five-person majority. (We believe that the chief justice’s opinion is wrong too, but no one should think that there is not a large difference between upholding a 15-week ban on the grounds he does and allowing states to prohibit abortion from the time of conception.) Now a new and bare majority of this court – acting at practically the first moment possible – overrules Roe and Casey. It converts a series of dissenting opinions expressing antipathy toward Roe and Casey into a decision greenlighting even total abortion bans. It eliminates a 50-year-old constitutional right that safeguards women’s freedom and equal station. It breaches a core rule-of-law principle, designed to promote constancy in the law. In doing all of that, it places in jeopardy other rights, from contraception to same-sex intimacy and marriage. And finally, it undermines the court’s legitimacy.‘Fewer rights than their grandmothers’: read three justices’ searing abortion dissent | Stephen Breyer, Sonia Sotomayor and Elena KaganRead moreKevin McCarthy, leader of the Republicans in the House of Representatives, has cheered the supreme court’s ruling, calling it “the most important pro-life ruling in American history”..css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}The people have won a victory. The right to life has been vindicated. The voiceless will finally have a voice. This great nation can now live up to its core principle that all are created equal. Not born equal. Created equal.Republicans are viewed as favorites to take control of the House following this year’s midterm elections, and McCarthy would be a top contender for the job of speaker. In his speech, he alluded to what his priorities might be, should the GOP ascend to the majority. .css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}As encouraging as today’s decision is, our work is far from done. America remains one of only seven countries on earth that allows elective abortions in the third trimester, including China and North Korea. This is radical – but House Democrats continue to support it against the wishes of the American people. This Congress, every House Democrat has voted for extreme policies like taxpayer-funded abortion, on demand, until the point of birth. But Democrats’ radical agenda does not have Americans’ support.The largest association of African American physicians in the United States has warned that the supreme court’s decision to overturn abortion rights will harm racial minorities, particularly Black women. In a statement, president of the National Medical Association Rachel Villanueva said:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}This decision is unconstitutional, dangerous and discriminatory. It will not stop abortions from being performed, it will unfortunately only make the procedure more dangerous. Women of color, poor women and other disadvantaged individuals who don’t have the resources to travel to obtain the medical care they need will be disproportionately impacted. At a time when maternal mortality rates are worsening, particularly for Black women, it is deeply disappointing that our institutions are actively harming — not helping — women’s health. Abortion is part of total health care for a woman. Doctors should be able to provide medical care based on scientific fact and evidence-based medicine, and free from any political interference. The entire medical community should be gravely concerned about the precedent this decision sets.According to Centers for Disease Control and Prevention data from 2019, the most recent year available, Black women have the highest rates of abortion with 23.8 per 1,000 people. Hispanic women had 11.7 abortions per 1,000 people, while for white women, the ratio was 6.6.Will the supreme court’s conservative justices stop with Roe v Wade? As Joan E Greve reports, today’s decision in the Dobbs case contains signs that the Republican-appointed majority would like to go after other rights the court has established, such as same-sex marriage and access to contraception:Many Americans reacted to the supreme court’s decision to reverse Roe v Wade and remove federal abortion rights in the US with shock, but many also asked a terrified question: what might be next?The conservative justice Clarence Thomas appeared to offer a preview of the court’s potential future rulings, suggesting the rightwing-controlled court may return to the issues of contraception access and marriage equality, threatening LGBTQ rights.“In future cases, we should reconsider all of this court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” Thomas wrote in his concurring opinion to the ruling on Roe.Contraception, gay marriage: Clarence Thomas signals new targets for supreme courtRead moreThe House of Representatives has passed the bipartisan gun control measure that the Senate approved yesterday. It now awaits action from President Joe Biden, who said he will sign it.234-193, House sends guns package to Biden’s desk. 14 Rs broke with their leadership: Liz Cheney, Adam Kinzinger, Tom Rice, John Katko, Maria Salazar, Chris Jacobs, Brian Fitzpatrick, Peter Meijer and Fred Upton; and Steve Chabot, Mike Turner, David Joyce and Anthony Gonzalez— Manu Raju (@mkraju) June 24, 2022
      While the bill tightens gun access for some Americans and funds mental health services, it is being passed just a day after a supreme court ruling that expanded the right to carry a concealed weapon nationwide.US supreme court overturns New York handgun law in bitter blow to gun-control pushRead moreMedical experts have also decried the Dobbs opinion as threatening the health and autonomy of patients nationwide.The American College of Obstetricians and Gynecologists released a statement condemning the supreme court opinion from its president, Iffath A Hoskins, MD, FACOG, reading in part: .css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;} Today’s decision is a direct blow to bodily autonomy, reproductive health, patient safety and health equity in the United States.
      Reversing the constitutional protection for safe, legal abortion established by the Supreme Court nearly fifty years ago exposes pregnant people to arbitrary, state-based restrictions, regulations, and bans that will leave many people unable to access needed medical care.
      The restrictions put forth are not based on science nor medicine; they allow unrelated third parties to make decisions that rightfully and ethically should be made only by individuals and their physicians.
      ACOG condemns this devastating decision, which will allow state governments to prevent women from living with autonomy over their bodies and their decisions. The American Medical Association also released a statement denouncing the Dobbs opinion, with its president Jack Resneck Jr MD, writing: .css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;} The American Medical Association is deeply disturbed by the U.S. Supreme Court’s decision to overturn nearly a half century of precedent protecting patients’ right to critical reproductive health care—representing an egregious allowance of government intrusion into the medical examination room, a direct attack on the practice of medicine and the patient-physician relationship, and a brazen violation of patients’ rights to evidence-based reproductive health services.
      States that end legal abortion will not end abortion —they will end safe abortion, risking [devastating] consequences, including patients’ lives. More

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      Roe v Wade has been overturned. Here’s what this will mean | Moira Donegan

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      Roe v Wade has been overturned. Here’s what this will meanMoira DoneganMillions of women are now less free than men, in the functioning of their own bodies and in the paths of their own lives The story is not about the supreme court. Today, the sword that has long been hanging over American women’s heads finally fell: the supreme court overturned Roe v Wade, ending the nationwide right to an abortion. This has long been expected, and long dreaded, by those in the reproductive rights movement, and it has long been denied by those who wished to downplay the court’s extremist lurch. The coming hours will be consumed with finger pointing and recriminations. But the story is not about who was right and who was wrong.Nor is the story about the US judiciary’s crumbling legitimacy, or the supreme court’s fractious internal politics. In the coming days, our attention will be called to the justices themselves – to their feelings, to their careers, to their safety. We will be distracted by the stench of partisanship and scandal that emanates from the shadowy halls of One First Street; by the justices’ grievance-airing and petty backbiting in public; or by their vengeful paranoid investigation into the leak of a draft of Samuel Alito’s opinion some weeks ago. We will be scolded not to protest outside their houses, and we will be prevented, by high fences and heavy gates and the presence of armed cops, from protesting outside the court itself. But the story is not about the supreme court.The story is not about the Democratic politicians, whose leadership on abortion rights has been tepid at best, and negligent at worst, since the 1990s. In the coming days, people who have voted to uphold the Hyde Amendment, a provision that has banned federal funding of abortion since 1976 – effectively limiting the constitutional right to an abortion to only those Americans wealthy enough to afford one – will tell us how terrible this is. They will issue statements talking about their outrage; they will make platitude-filled speeches about the worth and dignity of American women. They will not mention their own inaction, persisting for decades in the face of mounting and well-funded rightwing threats to Roe. They will not mention that they did nothing as all that worth and dignity of American women hung in the balance; they will not mention that most of them still, even now, oppose doing the only thing that could possibly restore reproductive freedom: expanding the number of justices on the courts. But the cowardice, hypocrisy, and historic moral failure of national Democrats is not the story. And certainly, the story is nothing so vulgar as what this withdrawal of human rights might mean for that party’s midterm election prospects.The story is not, even, about the legal chaos that will now follow. It is not about the fact that in 13 states, today’s order has made all abortion immediately illegal, the consummation of sexist ambitions that had long been enshrined in so-called trigger laws, provisions that have been on the books for years and decades that ban abortion upon the court’s reversal of Roe – misogyny lying in wait. Nor is the story about the other 13 states that will almost certainly ban abortion now, too, meaning that the procedure will be illegal in 26 of the nation’s 50 states within weeks.The story is not about how legislatures, lawyers and judges will handle these laws; it is not about whether they will allow merciful exemptions for rape or incest (they won’t) or impose draconian measures that aim to extend the cruelty of state bans beyond their borders to target abortion doctors, funders, and supporters in blue states (they will).The story is not about the cop who will charge the first doctor or the first patient with murder – that’s already happening, anyway. The story is not about the anti-choice activists, sneering in their triumph, who will say that they only want the best for women, and that women can’t be trusted to know what’s best for themselves. The story is not about the women who will be imprisoned or committed at the behest of these activists, or the desperate pregnant people, with nowhere to turn, who will be ensnared by them into deceitful crisis pregnancy centers or exploitative “maternity ranches”.The real story is not about the media who will churn out the think pieces, and the crass, enabling both-sidesism, and the insulting false equivalences and calls for unity. It is not about the pundits who will scold feminists that really, it is the overzealous abortion rights movement that is to blame; that really, women must learn to compromise with the forces that would keep them unequal, bound to lives that are smaller, more brutal, and more desperate. The story is not, even, about those other rights – the rights to parent, and to marry, and to access birth control – that a cruel and emboldened right will come for next.The real story is the women. The real story is the student whose appointment is scheduled for tomorrow, who will get a call from the clinic sometime in the next hours telling her that no, they are sorry, they cannot give her an abortion after all. The real story is the woman waiting tables, who feels so sick and exhausted these past few weeks that she can barely make it through her shifts, who will soon be calling clinics in other states, hearing that they’re all booked for weeks, and will be asking friends for money to help cover the gas, or the plane, or the time off that she can’t afford. The real story is the abortion provider, already exhausted and heartbroken from years of politicians playing politics with her patients’ rights, who will wonder whether she can keep her clinic open for its other services any more, and conclude that she can’t. The real story is the mom of two, squinting at her phone as she tries to comfort a screaming toddler, trying to figure out what she will have to give up in order to keep living the life she wants, with the family she already has.The real story is about thousands of these women, not just now but for decades to come – the women , whose lives will be made smaller and less dignified by unplanned and unchosen pregnancies, the women whose health will be endangered by the long and grueling physical process of pregnancy; the women, and others, who will have to forgo dreams, end educations, curtail careers, stretch their finances beyond the breaking point, and subvert their own wills to someone else’s.The real story is in the counterfactuals – the books that will go unwritten, the trips untaken, the hopes not pursued, and jokes not told, and the friends not met, because the people who could have lived the full, expansive, diverse lives that abortions would allow will instead be forced to live other lives, lives that are lesser precisely because they are not chosen.The real story is the millions of women, and others, who now know that they are less free than men are – less free in the functioning of their own bodies, less free in the paths of their own lives, less free in the formation of their own families.The real story is not this order; the real story is these people’s unfreedom – the pain it will inflict and the joy it will steal. The real story is women, and the real story is the impossible question: how can we ever grieve enough for them?TopicsAbortionOpinionUS supreme courtLaw (US)US politicsWomenHealthcommentReuse this content More

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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.
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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