Roe v Wade (Supreme Court Decision)

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      The Long Path to Reclaim Abortion Rights

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      The Supreme Court decision to reverse Roe, far from settling the matter, instead has launched court and political battles across the states likely to go on for years.Attempting to recover from their staggering loss in the Supreme Court, abortion rights groups have mounted a multilevel legal and political attack aimed at blocking and reversing abortion bans in courts and at ballot boxes across the country.In the week since the court overturned Roe v. Wade, litigators for abortion rights groups have rolled out a wave of lawsuits in nearly a dozen states to hold off bans triggered by the court’s decision, with the promise of more suits to come. They are aiming to prove that provisions in state constitutions establish a right to abortion that the Supreme Court’s decision said did not exist in the U.S. Constitution.Advocates of abortion rights are also working to defeat ballot initiatives that would strip away a constitutional right to abortion, and to pass those that would establish one, in states where abortion access is contingent on who controls the governor’s mansion or the state house.And after years of complaints that Democrats neglected state and local elections, Democratic-aligned groups are campaigning to reverse slim Republican majorities in some state legislatures, and to elect abortion rights supporters to positions from county commissioner to state supreme court justices that can have influence over the enforcement of abortion restrictions.“You want all the belt and suspenders that you can have,” said Nancy Northup, president of the Center for Reproductive Rights, which litigated Dobbs v. Jackson Women’s Health Organization, the case the Supreme Court used to overturn Roe. While the Supreme Court said it wanted to end five decades of bitter debate on abortion, its decision has set up a new fight, one that promises to be long and equally bitter.Although abortion rights supporters say their strategy is promising, the path ahead is slow and not at all certain. Polls show that Americans overwhelmingly say that the decision to have an abortion should be made by women and their doctors rather than state legislatures. But Republican-controlled state legislatures have passed hundreds of restrictions on abortion over the last decade, and legislative districts are heavily gerrymandered to protect Republican incumbents. Litigation in state courts will be decided by judges who in many cases have been appointed by anti-abortion governors.Although abortion rights supporters say their strategy is promising, the path ahead is not at all certain.Anna Rose Layden for The New York TimesAbortion rights groups say their cases relying on state constitutions offer a viable path forward to establish Roe-like protections in states. Even in conservative states such as Oklahoma and Mississippi, they see an opportunity to overturn abortion bans and establish a constitutional backstop against further restriction.But in other places, the goal of the litigation is to at least temporarily restore or preserve abortion access, now that the court’s decision stands to make it illegal or effectively so in more than half the states, which include 33.5 million women of childbearing age.In Louisiana, for example, though the state constitution expressly says there is no right to abortion, the legal challenge has allowed three clinics to continue serving women whose plans to end their pregnancies were thrown into disarray by the court’s decision.From Opinion: The End of Roe v. WadeCommentary by Times Opinion writers and columnists on the Supreme Court’s decision to end ​​the constitutional right to abortion.Michelle Goldberg: “The end of Roe v. Wade was foreseen, but in wide swaths of the country, it has still created wrenching and potentially tragic uncertainties.”Spencer Bokat-Lindell: “What exactly does it mean for the Supreme Court to experience a crisis of legitimacy, and is it really in one?”Bonnie Kristian, journalist: “For many backers of former President Donald Trump, Friday’s Supreme Court decision was a long-awaited vindication.” It might also mark the end of his political career.Erika Bachiochi, legal scholar: “It is precisely the unborn child’s state of existential dependence upon its mother, not its autonomy, that makes it especially entitled to care, nurture and legal protection.”“We have to take these things in steps,” said Joanna Wright, a partner at Boies Schiller Flexner who, with the Center for Reproductive Rights, is leading the Louisiana case. “A lot can change in a day, a month and six months. Time will tell the rest, but this is the fight right now.”The Supreme Court’s decision has flipped the dynamic of abortion strategy that has prevailed for the half-century since Roe, when anti-abortion groups chipped away at legal access by electing like-minded state legislators and passing increasingly strict laws, and abortion rights groups could rely on Roe to prevent the most severe bans from taking effect.Now, anti-abortion groups and congressional Republicans discuss federal legislation that would ban abortion across the country after 15 weeks of pregnancy, and abortion rights groups have begun climbing the steeper and narrower path state by state. “Democracy is a collective action,” said Ms. Wright, “and what we’ve seen from the anti-abortion movement is an ability to mobilize all the pieces of that,” which culminated, she added, with the overturning of Roe.By Friday, the groups had temporarily blocked bans from taking effect in Utah, Kentucky, Louisiana, and Florida; judges have set hearings over the next several weeks to consider permanent injunctions. But they lost bids to hold off bans in Ohio and Texas.Anti-abortion groups had argued for decades that the question of abortion should be left up to states, not to unelected judges in Washington. Within hours of the court’s decision, Republican politicians and law enforcement officials announced that bans, once held up in court, were now in effect, and would be prosecuted to the full extent of the law.They decried their opponents’ strategy in the courts.“To say that the State Constitution mandates things like dismemberment abortions, I just don’t think that’s the proper interpretation,” Gov. Ron DeSantis, a Republican, said after Florida’s ruling temporarily blocking a law prohibiting abortion after 15 weeks.The legal challenges argue that the Supreme Court’s decision has thrown abortion providers and patients into chaos, subjecting them to state laws that are often unclear, contradictory or confusing. Women have shown up for appointments only to be told that their pregnancies have now progressed too far to be eligible for abortion under new laws banning abortion after six weeks. In Montana, Planned Parenthood clinics said recently that they would require proof of residency for women seeking abortion pills, because of fears that prosecutors in other states might prosecute anyone who helped their residents get abortions.Abortion rights groups have not given up on hopes of federal action to protect abortion: They are pushing President Biden to use a declaration of a public health emergency to allow the Department of Health and Human Services to authorize out-of-state providers to prescribe and provide abortion pills to women in states where abortion bans have made them illegal.They are also pushing the Senate to suspend its filibuster and pass the Women’s Health Protection Act, which would establish a right to abortion before viability, as was provided in Roe. Mr. Biden reversed himself on Thursday to say that he supported lifting the filibuster, though he also told a group of Democratic governors that there were not enough votes in the Senate to do so.Abortion rights groups have not given up on hopes of federal action to protect abortion, but they have begun pursuing legal and legislative action state by state. Anna Rose Layden for The New York TimesBut by necessity, the groups are focused first on state action.While the Supreme Court’s opinion, written by Justice Samuel Alito, declared that it was returning the regulation of abortion regulation “to the people and their elected representatives,” its decision has delivered the issue to other courts, those in the states.“If the Supreme Court and Justice Alito and the anti-abortion advocates thought this was going to settle the question, they are going to see just how wrong they are,” Anthony Romero, executive director of the American Civil Liberties Union, said in a news conference Friday alongside lawyers and leaders from the Center for Reproductive Rights and Planned Parenthood. “The proliferation of litigation that will embroil the states in our country for years to come is going to underscore that this is not settled in the public’s mind.”The lawsuits argue that state constitutions offer more protection for abortion than the federal constitution, either by quirk of state tradition or history. Some, such as Florida’s, include an explicit right to privacy. In Kentucky, lawyers argue their constitution provides a right to “bodily autonomy” as well as privacy. The Roe decision in 1973 declared that the U.S. Constitution afforded a right to privacy that included a woman’s right to abortion; while the Supreme Court overturned that decision, it generally cannot overturn what states say in their own constitutions.The suit in Utah, one of the most conservative states in the country, seeks to protect abortion under a provision of the state constitution — adopted in 1896 — that provides that “both males and female citizens of this state shall enjoy equally all civil, political and religious rights and privileges.”Largely because of the influence of the Church of Jesus Christ of Latter-day Saints, the constitution also ensures that state residents have the right to plan their own families; the lawsuit argues this includes the right to choose abortion.Even in states where lawsuits have been successful, abortion rights groups say they are playing Whack-a-Mole. In Utah, as soon as the court put a temporary injunction on the state’s trigger law banning abortion, a legislator declared that the state’s law against abortion after 18 weeks, which courts had upheld while Roe was in effect, was now the operative law.“We’re in a chess game and we haven’t gotten checkmate,” said Karrie Galloway, the chief executive of Planned Parenthood in Utah. “We’re doing check, check, check, check. Unfortunately, we’re doing check, check, check with pregnant people and their families’ lives.”In Kansas, a state Supreme Court decision in 2019 found a right to abortion under the constitutional provisions for “equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.” But anti-abortion groups put an initiative on the primary ballot this August that seeks to amend the constitution to explicitly say that it does not include a right to abortion, and that the Legislature has the authority to pass further restrictions.That vote will be the first indication of how much the outrage seen in response to the Supreme Court’s decision translates into support for abortion rights in elections.Historically, voters who oppose abortion have been more driven to vote on the issue than those who support a right to abortion. But polls taken since the leak of a draft of the Supreme Court’s decision in May and the final decision in late June show that those who support abortion rights — largely Democrats — now cite it as one of their top concerns, and that the court’s decision has motivated them more to vote in elections this fall.Vote Pro Choice is attempting to turn out women, especially Black and Latina women, to vote in races including county commissioners, judges and sheriffs, particularly in states such as Texas and Georgia with restrictive abortion laws — positions responsible for enforcing anti-harassment laws outside abortion clinics, and deciding whether to give government money to crisis pregnancy centers, which anti-abortion groups have used to steer women away from abortions.Democrats need to learn from the successes of the anti-abortion groups and Republicans, said Sara Tabatabaie, the group’s chief political officer.“We have been out-raised, out-organized and out-funded for 50 years, and that is across the board,” she said. But she is encouraged by the number of people who say abortion will guide their votes in November: “In moments of tragedy, I am hopeful that there comes solidarity and increased clarity.” More

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      Abortion on the Ballot: ‘Remember, You Are Alone in the Voting Booth’

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      More from our inbox:The Supreme Court Ruling About a Gerrymandered MapTalks in the Russia-Ukraine War‘Stolen’ Election? Prove It.Time for a New Constitutional Convention?To the Editor:I am a 41-year-old white, upper-class, single, childless professional, a Midwestern Republican and a practicing Catholic woman. I am disgusted by the overturning of Roe v. Wade.This does not match my conservative values of smaller government and fiscal conservatism. Practically, why is it a government matter to ensure the completion of truly unwanted and/or dangerous pregnancies?Personally, I have seen the toll of abortion on friends and relatives. Reasons I’ve seen for having one include date rape, accidental pregnancies, irresponsible lack of birth control and unviable pregnancies. No one took the decision lightly or evaded the psychological impact of the actual event.Women across their lifetimes deal with everyone else’s interest in and opinion of their bodies. We also deal with managing access to our bodies in ways I do not think most men can understand. Men who want to put part of their bodies inside ours. Doctors who probe inside. Lives that grow inside and can cause serious injury and death in the process.It’s a lot to manage. I suggest we leave each person to their own management, in a truly Republican way.Emily SmithSt. LouisTo the Editor:When my son was born, I had an overpowering feeling of love. I couldn’t imagine loving anyone more than I loved him. Giving birth and having a child are what I cherish most about my life. Every child deserves to be wanted and be the recipient of that powerful love.I am a pro-choice Democrat. I am also pro-life. And by pro-life I don’t mean the pro-fetus, anti-abortion view of the conservative, religious right. To me pro-life means ensuring that women have prenatal care and adequate family leave, and affordable child care. Pro-life means good nutrition, parental jobs that pay a living wage, safe, affordable housing, excellent public education and health care for everyone.It is time for Democrats and all who love children to claim the mantle of “pro-life” as ours and to recognize that anti-abortionists care only about the delivery of a fetus no matter how it was conceived and whether is it born alive or dead. We must restore women’s bodily autonomy and right to choose when and how to have a child.Nancy H. HenselLaguna Woods, Calif.To the Editor:Those Americans celebrating our nation’s reactionary lurch back to the dark days of government control over women’s bodies are, no doubt, deeply grateful to the millions of self-described progressive and/or Democratic Party-aligned voters who in 2016 opted not to cast a vote at all rather than to vote for Hillary Clinton.Without the help of those anti-Clinton members of the electorate, it’s highly unlikely the radical right could have fulfilled its dream of creating a top court controlled by overtly activist justices who now, one decision at a time, are ensuring that the politics of white privilege and patriarchal thinking reign supreme.The End of Roe v. WadeCommentary by Times Opinion writers and columnists on the Supreme Court’s decision to end ​​the constitutional right to abortion.Michelle Goldberg: “In the aftermath of the anti-abortion movement’s catastrophic victory, it’s worth asking what we can learn from their tactics.”Maureen Dowd: “The court is out of control. We feel powerless to do anything about it. Clarence Thomas, of all people, has helped lead us to where we are.”Peter Coy: “People on the losing end of Supreme Court decisions increasingly feel that justice is not being served. That’s a scary situation for American democracy.”Jamelle Bouie: “The power to check the Supreme Court is there, in the Constitution. The task now is to seize it.”Michele Goodwin, law professor: “The overturning of Roe v. Wade reveals the Supreme Court’s neglectful reading of the amendments that abolished slavery.”It’s a stark reminder that polls indicating that a majority of voters continue to favor a woman’s right to choose are meaningless if lots of those same voters choose not to vote.Andy ParkerPortland, Ore.To the Editor:At this tragic time for women’s rights, I remember a letter to the editor, in this very paper, that was written 30 years ago. We were at the crux of a significant presidential election, in which several Supreme Court seats were potentially at stake.The writer of that letter took the liberty of doctoring a quote from Julia Child, who was a known ardent supporter of Planned Parenthood. On one of her cooking shows, Julia accidentally flipped food out of the pan and onto the floor.As she picked it up from the floor and tossed it back into the pan, she looked into the camera and said, “Always remember: If you’re alone in the kitchen and you drop the lamb, you can always just pick it up. Who’s going to know?”The writer of that letter reminded women, “Remember, you are alone in the voting booth.”As we fight to get our rights back, I hope that women, regardless of their political party, will remember that advice this November.Katrina SabaOakland, Calif.The Supreme Court Ruling About a Gerrymandered Map Adriana Zehbrauskas for The New York TimesTo the Editor:Re “Justices Revive G.O.P.-Drawn Map in Louisiana” (news article, June 29):The Supreme Court’s reinstatement of the highly partisan gerrymandered voting map by the Louisiana Legislature simply highlights the politicization of the six conservative justices and the court’s continued decline of legitimacy in the public eye.The trial court found that the Republican-drawn map diluted Black voters’ rights and required the Louisiana Legislature to redraw the map for the coming November election. The six justices arbitrarily blocked the trial court’s order without giving any reason.Although overshadowed by the abortion, gun permit and church-state cases, this result-oriented order simply reinforces the public’s skepticism of the court’s partisan bent. So much for the Republicans’ historic denunciation of “activist judges.”Ken GoldmanBeverly Hills, Calif.The writer is a lawyer.Talks in the Russia-Ukraine WarTo the Editor:According to the NATO secretary general, Jens Stoltenberg, the conflict in Ukraine appears likely to last for some time. In recent days, though, leading voices in Europe, those who want Russia pushed back and punished as well as those who want the war to end quickly, have expressed serious interest in talks.Negotiation may be more promising if the focus shifts from a final resolution of the protracted conflict to an interim plan with these initial objectives: (a) to cease the fighting and (b) to consider occupied territory “neutral,” and under a protectorate, until a complete resolution can be determined.Implementing these steps will take some doing, but each, in some form, is essential to limit human suffering, physical damage and economic loss as well as to establish and support a forum for negotiations, one in which “the interests” of the nations, rather than their “positions,” frame the discussions.This approach allows neither side to claim a victory. They can, however, commit to work for a peaceful Europe, as essential for Ukraine and Russia as for the stability, and prosperity, of the world.Linda StamatoSanford M. JaffeMorristown, N.J.The writers are co-directors of the Center for Negotiation and Conflict Resolution at the Edward J. Bloustein School of Planning and Public Policy, Rutgers University.‘Stolen’ Election? Prove It.To the Editor:The House committee investigating the Jan. 6 attack on the Capitol has methodically laid out a compelling, fact-based argument as to what happened that day, and why.I am still awaiting the same from those who believe that the 2020 election was “stolen.” What is their case? Where are their facts? Instead of a disciplined, marshaled argument, I hear only shrieks, shouts and hyperbole.I am reminded of President Lincoln’s observation in the midst of a similar hysteria: “Passion has helped us; but can do so no more. It will in future be our enemy. Reason, cold, calculating, unimpassioned reason, must furnish all the materials for our future support and defence.”As a nation, this must be our watchword moving forward.Philip TaftHopewell, N.J.Time for a New Constitutional Convention?To the Editor:Many of us are frustrated that the institutions we look to for guiding our democracy are not working: a Supreme Court that interprets law as written hundreds of years ago; a Senate and a House often mired in gridlock; an executive branch that has suffered a near coup from partisans chanting false information about election fraud.Clearly something is not working, and we the people need to be the adults in the room to provide guidance.Perhaps it’s time for a new constitutional convention to update the contract between the people and our government so it works for all of us again.Richard M. SchubertPortland, Ore. More

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      Supreme Court’s Abortion Decision Roils Midterm Elections

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      GRAND RAPIDS, Mich. — The Supreme Court’s decision overturning Roe v. Wade on Friday catapulted the explosive battle over abortion rights into the center of several marquee midterm races, turning the fight over key governor’s contests and coveted Senate seats into heated debates about personal freedom and public health.Devastated Democrats, facing staggering political challenges amid high inflation and President Biden’s low approval ratings, hoped the decision might reinvigorate disaffected base voters. They also saw the moment as a fresh chance to hold on to the moderate, suburban swing voters who have helped them win recent elections.Republicans, for their part, publicly celebrated the ruling as the realization of a decades-long effort, even as some strategists — and former President Donald J. Trump — privately acknowledged that the issue created at least some risk for a party that has enjoyed months of political momentum. Many argued that competitive races would ultimately be decided by other issues.“From the grass-roots perspective, there’s a lot of joy,” said Scott Jennings, a Republican who is a former top campaign aide to Senator Mitch McConnell, the minority leader. “This is why we fight. And at the same time, this election is going to be decided on a couple of issues: Joe Biden’s approval rating, inflation, the economy, crime, quality of life.”For years, the prospect of overturning Roe v. Wade was an abstract concept for many Americans — a distressing but distant worry for some and a long-term goal rather than an imminent possibility to others. The Supreme Court’s opinion eliminating the constitutional right to an abortion ended that era of disbelief, opening a new chapter of concrete consequences, in which races for governor, state legislature and attorney general, and even state courts might determine whether millions of Americans have access to the procedure.“This fall, Roe is on the ballot,” Mr. Biden said on Friday. “Personal freedoms are on the ballot.”Both parties agree that the high stakes will be galvanizing, to some degree, to their respective bases. But the critical question remains whether swing voters — in particular, independent women from the diverse suburbs, who are currently focused on economic uncertainty — will turn their attention to the fight over access to abortion.Gov. Gretchen Whitmer of Michigan after a discussion of abortion rights in Grand Rapids.Emily Elconin for The New York Times“There are a lot of independent women, I think there are a lot of women who haven’t been participating in elections, and are going to engage,” Gov. Gretchen Whitmer of Michigan said in an interview earlier this week, after hosting an emotional round table focused on abortion rights at a brewery in Grand Rapids. “But I’m not going to assume it. We’re going to have to make sure that we’re doing the work of education and persuasion and activation.”Already this year, Democratic campaigns and supportive outside groups have spent nearly $18 million in advertising on abortion issues, while Republicans and affiliated outside groups have spent nearly $21 million, according to the media tracking firm AdImpact. Both figures may balloon.Activists and party strategists, who have been preparing for months to mobilize around this issue, are focusing in particular on governor’s races in Michigan, Wisconsin and Pennsylvania, three states currently led by Democratic governors, and places where the outcomes this fall could directly impact the future of abortion rights after the Dobbs v. Jackson Women’s Health Organization decision handed control over abortion protections back to the states.Democrats also are planning to use the issue to play offense in other governor’s races, while making the case that Senate and House candidates across the country, too, have embraced positions on abortion that are far outside the mainstream.An early test of energy around this issue will come in August, as Kansans vote on whether to remove the right to an abortion from the state constitution.In a fund-raising email on Friday, Gov. Laura Kelly of Kansas, a Democrat, declared that “I could be the only Kansas leader standing in the way” of new abortion restrictions. Her likely opponent, the state attorney general, Derek Schmidt, said that he would support the ballot initiative.The Kansas Senate debated an amendment to the state constitution that would regulate abortion rights last year.Evert Nelson/The Topeka Capital-Journal, via Associated PressDemocrats had been preparing to try to direct the expected outpouring of shock and anger into electoral action once the opinion was handed down, with party committees and state parties conferring on national messaging and mobilization plans, as well as launching a website on Friday to direct organizing efforts.Candidates and organizations have employed focus groups and polling to assess the issue; there are sprawling fund-raising efforts; and the abortion rights groups Planned Parenthood Action Fund, NARAL Pro-Choice America and Emily’s List have said they intend to spend $150 million on the midterm elections. American Bridge 21st Century, a Democratic-aligned super PAC, says it has tapped social media influencers to communicate about abortion rights and Republican records on that issue to Americans who may be only casually political.“We will see, state by state by state, pre-existing bans go into effect, state legislatures rush to pass abortion bans,” said Cecile Richards, the former president of Planned Parenthood who is now a chair of American Bridge. “It’s a different conversation now because it’s become real.”Despite all the mobilization, many party strategists do not anticipate that even Friday’s seismic decision will fundamentally change voters’ focus on cost-of-living worries. But some see it as reinforcing their core argument against Republicans: that the right wing of the party is in control, out of step with public opinion, and focused above all else on cultural battles. Senate Democrats and strategists are particularly focused on highlighting the Republican candidates who support near-total bans on abortion.“Economic issues are always going to outweigh abortion for a lot of voters,” said Celinda Lake, a veteran Democratic strategist. “But it’s very, very important for Democrats — to win these swing voters — to make this a choice, not a referendum.” Abortion, she said, “is going to be a major factor in that, because it is a very clear distinction.”Abortion rights supporters protested the Supreme Court’s decision to overturn Roe v. Wade on Friday at the Georgia State Capitol in Atlanta.Kendrick Brinson for The New York TimesPolling shows that Americans strongly oppose completely overturning Roe v. Wade — in a Washington Post-ABC poll conducted in late April, 54 percent of Americans thought the Roe decision should be upheld, while 28 percent believed it should be overturned. But views on abortion vary depending on a state’s political tilt.That is one reason Republicans’ messaging on the issue has been less unified. On Friday, as some candidates, lawmakers and the Republican National Committee rushed to celebrate the ruling, others sought to quickly return their focus to pocketbook issues.Adam Laxalt, the Republican Senate candidate in Nevada — a state with a history of supporting abortion rights — on Friday cheered the “historic victory for the sanctity of life,” but stressed that access to abortion was already “settled law” in Nevada.“It won’t distract voters from unaffordable prices, rising crime or the border crisis,” he said.When asked for comment, Jesse Hunt, a spokesman for the Republican Governors Association, responded in a statement that “the persuadable voters that will determine the outcome in competitive races are deeply concerned with the damage being done to their financial security” by Democrats.Even Mr. Trump, the former president who put conservatives on the court, has privately told people that he believes the court’s decision will be “bad for Republicans.” In a public statement on Friday, Mr. Trump called the decision “the biggest WIN for LIFE in a generation.”Abortion rights opponents are working to capitalize on conservatives’ enthusiasm.The anti-abortion rights group Susan B. Anthony Pro-Life America launched a field program last year, with plans to engage eight million voters in critical battleground states. The group is focusing on “those people that are in play, that could go either way based on this particular issue,” said Marjorie Dannenfelser, the president of the organization.“It’s not just some theoretical vote about somebody who says they’re pro-life,” she said. “It’s now an opportunity to actually do something about it.”Penny Nance, the president of Concerned Women for America, an organization that opposes abortion rights, said the group was planning a summit that would focus on the role of state activism in a post-Roe nation.Some state officials have “basically said, ‘We don’t really have the ability to change the law because of the Supreme Court decision,’” she said.“Now,” she continued, “it changes everything.”That new focus on state laws has already intensified the debate in statehouses and governor’s races in politically divided states. In Pennsylvania, the next governor and a Republican-led statehouse will likely determine access.Doug Mastriano, the Republican candidate for governor of Pennsylvania, with supporters in Portersville in May.Keith Srakocic/Associated Press“Roe v. Wade is rightly relegated to the ash heap of history,” said Doug Mastriano, the far-right Republican nominee for governor in Pennsylvania. Josh Shapiro, the state attorney general and the Democratic nominee for governor, wrote on Twitter on Friday that “without Roe, the only thing stopping them is the veto pen of our next Governor.”In Michigan and Wisconsin, old laws on the books call for near-total bans on abortion and Democratic governors up for re-election have vowed to fight to protect access.In Michigan, abortion rights supporters are working to secure a constitutional amendment protecting the right to an abortion. Ms. Whitmer has also filed a lawsuit asking “the Michigan Supreme Court to immediately resolve” whether the State Constitution protects the right to an abortion. At her roundtable discussion this week, Ms. Whitmer spoke with women about whether they thought voters had yet grasped the significance of what overturning Roe v. Wade would mean.“So many people,” one attendee told her, “didn’t realize it was this serious.” More

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      Trump, the Man Most Responsible for Ending Roe, Worries It Could Hurt His Party

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      The end of the landmark Roe v. Wade ruling was the culmination of decades of work by Republicans and social conservatives — one that came to pass only after a former Democrat from New York who had once supported abortion rights helped muscle through three Supreme Court justices.Publicly, former President Donald J. Trump heralded the Supreme Court’s ruling on Friday ending federal abortion protections as a victory. Yet, as he faces possible prosecution over his efforts to subvert the 2020 election and prepares for a likely 2024 presidential campaign, Mr. Trump has privately told friends and advisers the ruling will be “bad for Republicans.”When a draft copy of the decision leaked in May, Mr. Trump began telling friends and advisers that it would anger suburban women, a group who helped tilt the 2020 race to President Biden, and would lead to a backlash against Republicans in the November midterm elections.In other conversations, Mr. Trump has told people that measures like the Texas state law banning most abortions after six weeks and allowing citizens to file lawsuits against people who enable abortions are “so stupid,” according to a person with direct knowledge of the discussions. The Supreme Court let the measure stand in December 2021.For the first hours after the decision was made public on Friday, Mr. Trump was muted in response, a striking contrast to the conservatives who worked in his administration, including former Vice President Mike Pence. Mr. Pence issued a statement saying, “Life won,” as he called for abortion opponents to keep fighting “in every state in the land.”Former Vice President Mike Pence called for abortion opponents to keep fighting “in every state in the land.”Jamie Kelter Davis for The New York TimesFor weeks in advance of the ruling, Mr. Trump had been just as muted. In an interview with The New York Times in May, Mr. Trump uttered an eyebrow-raising demurral in response to a question about the central role he had played in paving the way for the reversal of Roe v. Wade.“I never like to take credit for anything,” said Mr. Trump, who has spent his career affixing his name to almost anything he could.Pressed to describe his feelings about having helped assemble a court that was on the verge of erasing the 1973 ruling, Mr. Trump refused to engage the question and instead focused on the leak of the draft opinion.“I don’t know what the decision is,” he said. “We’ve been reading about something that was drawn months ago. Nobody knows what that decision is. A draft is a draft.”By early afternoon on Friday, Mr. Trump put out a statement taking a victory lap, including applauding himself for sticking by his choice of nominees. All three of Mr. Trump’s appointees to the court — whom he pushed through with help from Mitch McConnell, the Senate Republican leader — were in the majority in the 6-to-3 ruling. He left unspoken the fact that he repeatedly attacked the court for not interceding on his behalf after he lost the 2020 election.Mr. Trump with the newest of his three Supreme Court nominees, Amy Coney Barrett, at the White House in 2020.Oliver Contreras for The New York Times“Today’s decision, which is the biggest WIN for LIFE in a generation, along with other decisions that have been announced recently, were only made possible because I delivered everything as promised, including nominating and getting three highly respected and strong Constitutionalists confirmed to the United States Supreme Court,” Mr. Trump said.The former president also told Fox News, in an interview published after the decision on Friday, that the court was “following the Constitution, and giving rights back when they should have been given long ago.” He added, “I think, in the end, this is something that will work out for everybody.”Republicans are bracing for a fight: A memo in May from the National Republican Senate Committee, first reported by Axios, suggested that G.O.P. candidates deal with criticism from Democrats by highlighting “extreme and radical views” in support of late-term abortions and government funding for abortions, and suggesting that their own views are based “in compassion and reason.”While Mr. Trump had stayed quiet on the issue in recent weeks, people close to him anticipate he will become more vocal as he watches how clearly his right-wing base responds and how easily he can point to it as something that he made happen. His advisers believe he can highlight the issue as he faces potential Republican challengers and sees signs that his own political base has moved further to the right on vaccines and other issues.Other potential candidates have been far more vocal. Mr. Pence has spent months talking about his desire to see Roe v. Wade end and visiting pregnancy centers. Former Secretary of State Mike Pompeo, another evangelical Christian considering a presidential campaign, wrote on Twitter after the draft opinion emerged: “I pray for the reversal of Roe v. Wade. Every human being, born and unborn, has a fundamental right to life, and it is our calling to guard and secure it.”Most significantly from Mr. Trump’s perspective, Gov. Ron DeSantis of Florida, the Republican whom a number of Mr. Trump’s former supporters have expressed interest in seeing as a 2024 candidate, signed a bill this spring banning abortions after 15 weeks of pregnancy.Bob Vander Plaats, president of the Family Leader, a socially conservative political group based in Iowa, praised Mr. Trump before the ruling came down. “What he did as president is, he followed through on what he said he was going to do and appoint Supreme Court justices that were faithful to the Constitution,” Mr. Vander Plaats said.Asked about Mr. Trump’s private remarks that the ruling would hurt Republicans, Mr. Vander Plaats responded, “I would just vehemently disagree with that.”Indeed, while Republicans in competitive states and congressional districts have expressed some anxiousness about the sort of blowback Mr. Trump has told people he fears, many pollsters say it is too soon to tell how the issue will play out in the midterm elections.A Gallup survey this month found that the share of Americans identifying as “pro-choice” had jumped to 55 percent after hovering between 45 percent and 50 percent for a decade. That sentiment was “the highest Gallup has measured since 1995,” while the 39 percent who identified as “pro-life” was “the lowest since 1996,” the polling firm said.Advocates for and against abortion rights outside the Supreme Court in Washington on Friday after Roe v. Wade was overturned.Shuran Huang for The New York TimesA May survey conducted for CNN found that 66 percent of the people questioned said they believed Roe v. Wade should not be overturned.But anti-abortion activists who supported Mr. Trump as president insist the ruling will be a political boon to Republicans, and maintained that surveys in which voters are asked specific questions about the measure indicate that.“When pro-life Republicans go on offense to expose the abortion extremism of their opponents, life is a proven winning issue for the G.O.P.,” said Marjorie Dannenfelser, president of the Susan B. Anthony List, which supports anti-abortion candidates.Voluble as he is, Mr. Trump has long seemed to have a special difficulty in grappling with the subject of abortion, which he supported for years as a right but said he personally abhorred. In 2011, as he considered a presidential campaign as a Republican, he announced he did not support abortion rights, but struggled to discuss the issue as a candidate four years later.“I know you’re opposed to abortion,” CNN’s Jake Tapper said to him in a June 2015 interview.“Right,” Trump replied. “I’m pro-choice.”Mr. Tapper furrowed a brow. “You’re pro-choice or pro-life?”“I’m pro-life,” Mr. Trump quickly corrected himself. “I’m sorry.”In March 2016, Mr. Trump said in an MSNBC town hall event that if the nation outlawed abortion — a change he supported — there would have to be “some form of punishment” for a woman seeking abortion. The remark set off a firestorm, which Mr. Trump tried to quell by issuing two statements that only added to the confusion.Two days later, on CBS, Mr. Trump said that he wished abortion were left up to the states, but that the federal laws were “set, and I think we have to leave it that way.”Officials with the Susan B. Anthony List said at the time that Mr. Trump had disqualified himself for the presidency. His campaign again issued a cleanup statement, saying he only meant that the laws must remain in place “until he is president.”Yet in his third and final debate against Hillary Clinton in the 2016 general election, Mr. Trump laid out his belief that he would have two and as many as three Supreme Court seats to fill. And he explicitly promised, in a way other candidates never had, that when he chose jurists who shared his stated beliefs, Roe v. Wade would be overturned.As president, however, Mr. Trump often wanted little to do with the issue.Mr. Trump seemed to swing between fascination with and repulsion from the subject, remarking upon the thorniness of it and how divided the country was on abortion, and wringing his hands when it came time to make decisions.Participants in the March for Life in Washington in 2020 attended an address by Mr. Trump.Pete Marovich for The New York TimesAnd he often preferred to defer to Mr. Pence, even at one point expressing hope that Mr. Pence would cancel a trip to Rome, including an audience with the pope, and instead represent the administration at the March for Life in Washington.One of Mr. Trump’s supporters, Robert Jeffress, a Texas pastor, recalled having discussions with the former president about the “political complexities” of the issue, describing Mr. Trump as an opponent of abortion but also a “realist.”“I’ve heard him point out in the Oval Office that 60-plus percent of Americans are against a repeal of Roe, and that makes this a politically complex issue,” Mr. Jeffress said. More

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      Pennsylvania Governor’s Race Takes on Huge Stakes for Abortion Rights

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      Now that the Supreme Court has struck down Roe v. Wade, the most important election this year in America when it comes to abortion will be the contest for governor of Pennsylvania.Josh Shapiro, the state’s Democratic attorney general, is facing off against Doug Mastriano, a Republican state senator who has vowed to make abortion illegal. If Mr. Mastriano wins, the Republican-controlled Pennsylvania legislature is all but certain to move to undo the state’s existing law allowing abortion.“Roe v. Wade is rightly relegated to the ash heap of history,” Mr. Mastriano said on Friday. “As the abortion debate returns to the states, Pennsylvania must be prepared to lead the nation in being a voice for the voiceless.”Mr. Shapiro denounced the ruling. “The stakes in this governor’s race could not be more clear,” he said. “The contrast between me and my dangerous opponent could not be greater.”Josh Shapiro, the Pennsylvania attorney general and Democratic nominee for governor, has pledged to protect abortion rights.Jeff Swensen for The New York TimesNowhere else is a governor’s race so pivotal. In Wisconsin, where the Republican-led Legislature has battled with Gov. Tony Evers, a Democrat who is seeking re-election, a pre-Roe law forbidding abortion automatically went back into effect after Friday’s decision. Mr. Evers has pledged to fight for abortion rights, but he faces a wall of opposition from Republican state legislators.This week, Mr. Evers ordered Wisconsin’s lawmakers to the State Capitol in Madison for a special session meant to reverse an 1849 law outlawing abortion. Republicans ended the session on Wednesday without taking action.In Michigan, Gov. Gretchen Whitmer, a Democrat, has backed a series of creative legal arguments to block the state’s 1931 law outlawing abortion from taking effect. In May, a state judge ruled that the law would not immediately go into effect after an eventual Supreme Court ruling on Roe.Ms. Whitmer has also supported an effort to place a referendum on the November ballot to enshrine abortion rights in Michigan’s Constitution.Three other states will have questions about abortion decided directly by voters in November.Kansas and Kentucky have referendums asking voters to affirm that their state constitutions do not guarantee a right to abortion. In Vermont, the ballot will contain a question that would enshrine a person’s right to control their own reproductive choices in the state’s Constitution.Gov. Laura Kelly of Kansas, a Democrat who supports abortion rights, faces a difficult re-election bid. Her likely Republican opponent, Derek Schmidt, the state’s attorney general, opposes abortion rights.After Friday’s ruling, Republican governors praised the decision and sought to press the party’s advantage. In Virginia, Gov. Glenn Youngkin said Friday that he would seek a ban on abortion after 15 weeks — though such a move is unlikely to be successful given that Democrats control the State Senate.“Virginians want fewer abortions, not more abortions,” Mr. Youngkin said. “We can build a bipartisan consensus on protecting the life of unborn children.”Virginia’s next round of state legislature elections won’t take place until 2023; Mr. Youngkin, who took office in January, is prohibited from seeking a second consecutive term.Gov. Phil Bryant of Mississippi, a Republican whose state capital was the origin of Friday’s Supreme Court case, said state lawmakers would exercise a “moral duty to protect life at all stages.”“The pro-life movement also understands that our fight is just beginning,” Mr. Bryant said. “In the coming days, our efforts to assert the full dignity of every human life will become more important.”Some Republicans minimized the significance of the ruling even as they cheered it. Mr. Mastriano, speaking in Binghamton, N.Y., where he appeared alongside and endorsed Andrew Giuliani in New York’s Republican primary for governor, called the political furor a distraction.“Sadly, the other side wants to distract us about, you know, Jan. 6,” said Mr. Mastriano, who chartered buses for his supporters to attend the rally that led to the Capitol attack. “Or they want to distract us about Covid. Or distract us about, you know, Roe v. Wade.”Gov. J.B. Pritzker of Illinois called on the state’s Democratic-led General Assembly to convene a special session to protect abortion rights.Jamie Kelter Davis for The New York TimesDemocratic governors cast the Supreme Court’s decision as a catastrophic move — and the first step toward a broader rollback of women’s rights.Gov. J.B. Pritzker of Illinois said he had pressed President Biden during his recent visit to Chicago to be more forceful in defending abortion rights. He said Illinois, which is surrounded by states where abortion is illegal or is likely to be outlawed soon, had “a special obligation” to make abortion accessible not just to its citizens but also to visitors.“We’re an island in the Midwest, in the country, all around us are anti-choice legislatures and state laws and governors,” Mr. Pritzker said in an interview on Friday. “The only thing that will allow us to reverse the terrible direction things are going is electing pro-choice Democratic governors, pro-choice Democratic legislators.”Democratic candidates for governor in states with Republican-controlled legislatures like Georgia, Arizona and Texas said they would fight for abortion rights if elected — though in practice there is little they could do toward that goal given Republican opposition.“I will work with the legislature to reverse the draconian law that will now rule our state,” said Stacey Abrams, the Democrat running for governor of Georgia.Neil Vigdor More

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      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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      Turning Pregnant Women and Doctors Into Criminals

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      More from our inbox:A Piercing Inquiry Into the History of Haiti’s PlightA Self-Fulfilling Election Prophecy? Ben HickeyTo the Editor:In “Punishing Women Who Have Abortions” (Opinion, Sunday Review, May 15), Jane Coaston mentions the possibility being discussed in some anti-abortion circles of charging those who have abortions with homicide. There is another way some in the anti-abortion camp speak of punishing women who seek abortions, in this case very ill women — letting them die.This is not a majority position in the anti-abortion movement, but it is not a new idea. In 1984, Paul Weyrich, an influential conservative activist, stated, in explaining his opposition to exceptions to abortion bans in cases of threats to a woman’s life: “I believe that if you have to choose between new life and existing life, you should choose new life. The person who has had an opportunity to live at least has been given that gift by God and should make way for new life on earth.”In the likely event that the Supreme Court overturns Roe v. Wade and about half the states ban abortion, it is in the realm of possibility that extremist politicians in some of these states will be successful in blocking any exceptions whatsoever. Doctors in those states will be placed in a horrible position, facing years of jail time if they abort the fetus, and women will die needlessly.Carole JoffeSan FranciscoThe writer is a professor of obstetrics, gynecology and reproductive sciences at the University of California, San Francisco.To the Editor:An important problem in criminalizing abortion is frequently overlooked: policing it.New York County abortion trial transcripts in the John Jay College of Criminal Justice archives (1883-1927) show that because illegal abortions invariably took place in private locations — usually the home of the doctor or midwife who performed the abortion — the authorities had to rely on unsavory detection methods.These included threatening the hospitalized victims of botched abortions with arrest unless they named and testified against their abortion providers; making deals for leniency with pregnant women arrested for unrelated crimes if they agreed to help entrap a suspected abortion provider; and setting up elaborate sting operations with women employed by the police.Even with the more sophisticated surveillance methods available today, law enforcement personnel will often be obliged to rely on entrapment to prosecute abortion providers in states where abortion is illegal. The surprising number of acquittals in the historic abortion cases I have studied suggest that entrapment can be distasteful to jurors. Entrapment methods may also have a demoralizing, demeaning and potentially corrupting effect on the police.Elisabeth GitterNew YorkThe writer is emerita professor of English and interdisciplinary studies at John Jay College of Criminal Justice.To the Editor:I’d like to see an article about “How Will We Punish Men Who Don’t Support Women Who Have the Pregnancies.” We are still focused on the women, but now we have the technologies to identify the fathers and expect them to fully support the children they conceive. Would this change the dynamics of pregnancy, abortions and support? You bet it would.Janice WoychikChapel Hill, N.C.A Piercing Inquiry Into the History of Haiti’s PlightAn illustration depicting plantations burning in 1791, during the Haitian Revolution.Universal Images Group, via Getty ImagesTo the Editor:Your comprehensive May 22 special section on Haiti, “The Ransom,” was eye-opening. It showed that debt is a tool of the rich comparable to slavery — and has been throughout history.But the special section, sadly, also shows the limits of talking about reparations as justice. Even if the French government paid Haiti back all that it took, with interest, the resulting payment would scarcely account for the lost opportunities and social dislocations caused by its aggression.Andrew OramArlington, Mass.To the Editor:When I arrived in Haiti for the first time, in 1996, I had already been in a number of poverty-stricken countries in this hemisphere. There were similarities, of course, but the depth and pervasiveness of impoverishment and the unreliability or absence of the most basic physical and governmental infrastructure were on a scale I had not previously encountered.It was not surprising that Haitians felt that they had little control over their lives — lives spent in surviving day to day.How did it come to this? Your series “The Ransom” provides well-researched, convincing answers to that question.George Santayana warned that “those who cannot remember the past are condemned to repeat it.” We cannot heed that warning if that past is not known to begin with. Now that the reality of that Haitian history is more widely known, will it continue to be repeated?John CosgroveLumberton, N.J.The writer is professor emeritus in the Graduate School of Social Service at Fordham University.A Self-Fulfilling Election Prophecy?To the Editor:Current reporting from many Democratic and Republican pundits presumes that Republicans will take over the House and the Senate in the November elections. No doubt they base this prediction on polling and the historical results of midterm elections. Perhaps they are right, but perhaps not.While such a prediction serves the Republicans well, for the Democrats, it’s toxic. An attitude of “it’s all over but the voting” has the potential to discourage Democrats from bothering to vote, turning that presumption into a self-fulfilling prophecy.Mary-Lou WeismanWestport, Conn. More

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      Jocelyn Benson: Protests at Judges’ Homes Must Be Legal, but They Aren’t Effective

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      It was close to 9 p.m. on a Saturday in early December of 2020. My son, then age 4, and I were putting the finishing touches on our Christmas tree as “How the Grinch Stole Christmas” played in the background.That’s when the sound of voices amplified by bullhorns first penetrated our living room. The peace, serenity and holiday spirit of the evening broke as a group of about 20 protesters, some of whom I later learned from the Michigan State Police were armed, gathered outside my home. The protesters — who believed the lie that the November 2020 election had been stolen from Donald Trump — woke our neighbors with a string of threats, vitriol and provocations. They screamed for me to “come outside” and show myself so that they could confront me about doing my duty as secretary of state and chief election officer and refusing to overturn the results of the 2020 presidential election in Michigan — which President Biden won by more than 154,000 votes. “No audit, no peace,” they yelled.I carried my son upstairs and ran bath water loudly to drown out the noise. I worked to stay calm, but I was acutely aware that only one unarmed neighborhood security guard on my front porch stood between my family and the growing crowd. Would the protesters attempt to enter my home? Would a stray bullet enter or ricochet into my son’s bedroom? How long until law enforcement arrived? What would happen when it did?I thought back to that evening when I saw the recent images of people gathering for candlelight vigils outside the homes of U.S. Supreme Court Justices Brett Kavanaugh, Samuel Alito and John Roberts to express their opposition to the leaked draft opinion suggesting an end to the right to abortion in America. By all accounts, these abortion rights demonstrations have been peaceful, and no one was armed or posed an imminent threat. Still, I found the images alarming.Protest is a kind of theater, as abortion rights activists who dressed as characters from “The Handmaid’s Tale” outside the home of Justice Amy Coney Barrett know. The performance is not just for the target of the protests but also for anyone who sees it via news images or video or social media. The fact is, a group of people targeting just one person, at home, particularly at night, appears menacing. That’s true even if that person is one of the nine most powerful judges in the country or is Michigan’s secretary of state.The location of the protests, outside the homes of public officials, is the point critics have seized on to denounce them. Gov. Glenn Youngkin of Virginia has criticized the protests and asked the federal government to take action against those who engage in them. Florida’s lawmakers went so far as to ban “picketing and protesting” at any person’s private residence; when signing the bill, Gov. Ron DeSantis used fiery language about banning “unruly mobs” and “angry crowds.”I believe such bans to be unconstitutional. The right of all Americans to peacefully assemble must be protected. But that doesn’t mean that protesting at the homes of public officials is effective.Protest is not always polite, and there are times when impolite or even uncivil protests help to raise awareness of continuing injustices that otherwise go unseen or unaddressed. One example I look to is that of Representative John Lewis, who suffered a skull fracture when he faced off with state troopers while marching nonviolently for civil rights in Selma, Ala., in 1965. Mr. Lewis left us with the mandate to “get in good trouble, necessary trouble, and help redeem the soul of America.”Since working in Alabama in the late 1990s, investigating hate groups and hate crimes, I have been inspired by Mr. Lewis and those other brave foot soldiers in Selma who stood at the foot of the Edmund Pettus Bridge in 1965 to demand the American promise of democracy be fulfilled for every citizen. That powerful protest dramatized and made visible the injustices that African Americans were forced to endure in the South and elsewhere. The image of white state troopers and deputized bystanders beating the protesters sparked outrage across the nation. It inspired broad support for the civil rights movement and led the U.S. Congress to pass the Voting Rights Act, signed into law by President Lyndon Johnson in August 1965.Banning or restricting protest silences necessary dissent and closes off an avenue to shine a light on injustices, to get the attention of government officials and the public. The role of any public servant is to listen and respond to the concerns of all the citizens we serve, particularly those whose voices and perspectives are marginalized. In cases where people are dismissed, silenced or blocked from seeking change at the ballot box or through a breakdown of other democratic norms and institutions, protest may be the only means to effect change. In those cases, peaceful acts of dissent or civil disobedience can be enormously powerful.It’s also important to recognize, however, that not all protests are successful at prompting change. I expect that those who gathered outside my home also felt shut out from power when they screamed at me that night. But showing up at my home to shout falsehoods about an election because they didn’t like the results did not help their cause. Many were there because they’d been lied to, told by people with immense power — including the departing president — that the 2020 election was “stolen,” though it was not.Days later, a colleague told me of hearing that Mr. Trump had suggested in a White House meeting that I should be arrested, charged with treason and executed. (After I discussed this on NBC News recently, a spokesman for Mr. Trump accused me of lying.) These protesters attempted to bully me into abdicating my duty to protect the will of the people of Michigan. But the people who made me fear for my family that night also emboldened me to do my job with integrity.In national coverage of the incident, people saw an angry group, some of them armed, outside the home of a woman and her young son. A month before the Jan. 6 storming of the U.S. Capitol, it was an early and alarming demonstration of how far some were willing to go to try to undermine a fair election.A protest’s success is partly a matter of its effect. The march in Selma made a huge difference to the country. The bullying outside my home failed miserably.The success or failure of the abortion rights protests outside the justices’ homes isn’t clear. They were cheered on and defended as peaceful by many who were similarly upset by the Supreme Court’s likely new position on Roe v. Wade. But still, the targeting of individual officials at home opened the protests up to criticism, which distracted from their important cause.I will always advocate the power, and critical importance, of peaceful protest, which is a right that must be protected, even if it means protesters can sit peacefully or shout menacingly outside the homes of elected and appointed officials like the Supreme Court justices — or me and my family.But if the goal is to change minds, history and my own experience underscore that protesting outside an official’s home is rarely if ever effective at achieving the goals of those gathering — and oftentimes, it backfires.Jocelyn Benson (@JocelynBenson) is Michigan’s secretary of state. She is the author of “State Secretaries of State: Guardians of the Democratic Process” and a 2022 recipient of the John F. Kennedy Profile in Courage Award.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