Roe v Wade

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      Roe v Wade: US women win abortion rights – archive, January 1973

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      Roe v Wade: US women win abortion rights – archive, 197323 January 1973: The supreme court rules that a woman has a near-absolute right to an abortion, but only in the first three months of her pregnancy Washington, 22 JanuaryIn a long awaited decision the United States supreme court ruled today that a woman has a near-absolute right to an abortion, but only in the first three months of her pregnancy. During the later stages the State has an increasing power of intervention, the court ruled by a seven to two majority; and during the last trimester can refuse to allow the operation.The decision, which came today as part of a lengthy ruling which declared the Texas and Georgia anti-abortion laws unconstitutional, has been generally welcomed by liberal groups here. Mrs Lee Giddings, of the National Association for the Repeal of Abortion Laws, said today she was “absolutely thrilled.”US supreme court overturns abortion rights, upending Roe v WadeRead moreBut one of the two dissenting supreme court justices, the Nixon appointee Justice Byron White (the other dissenting justice was also a Nixon appointee, Mr William Rehnquist), later criticised the verdict as “improvident, extravagant, and an exercise of raw judicial power.”In his ruling, Justice Harry Blackmun said that during the first three months of a pregnancy “the abortion decision and its effectuation must be left to the medical judgment of the woman’s doctor.” After that, the State “In promoting its interest in the mother’s health” may regulate the abortion procedure by among other things, making laws, regulating the doctor’s terms of reference.Only in the third three-month period, when a foetus could presumably live, if there was a premature birth, can the State “regulate or even forbid abortion.” The justices ruled the State could intervene thus “where it was necessary, in appropriate medical judgment, for the preservation of life or the health of the mother.”The one dissenting voice raised today at the supreme court ruling came from the Women’s National Abortion Action Committee, which condemned the “artificial and arbitrary” time limits imposed by judges. A spokesperson, as they say here, says that “a woman should always have an absolute right to determine what happens to her own body.” Harsh reaction is also expected, of course, from the Roman Catholic church and other anti-abortion lobby groups.This is an edited extract. Read the article in full.TopicsAbortionFrom the Guardian archiveRoe v WadeUS supreme courtReproductive rightsLaw (US)WomenUS politicsnewsReuse this content More

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      ‘We’re not done’: abortion opponents hold first March for Life since fall of Roe

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      ‘We’re not done’: abortion opponents hold first March for Life since fall of Roe Anti-abortion activists descend on Washington for annual march and commit to continue fighting to limit reproductive rights Thousands of abortion opponents descended on Washington DC for the annual March for Life on Friday, the first time since achieving its foundational objective: persuading the supreme court to overturn Roe v Wade.Every year since the landmark 1973 decision, anti-abortion activists have come to the nation’s capital to march, plead and pray for a post-Roe America where abortion wasn’t just banned but was “unthinkable”.A half-century later, they gathered again on the National Mall in Washington, this time to celebrate movement’s greatest victory. But they also came with a new mission to fighting the battles now playing out in their states.People in abortion-restrictive US states economically disempowered – studyRead more“While the march began as a response to Roe, we don’t end as a response to Roe being overturned,” Jeanne Mancini, the president of the March for Life Education and Defense Fund, told a jubilant crowd. “Why? Because we’re not yet done.”Since Roe fell, movement leaders have urged Republicans to use their new House majority to pass federal restrictions on abortion, while they press for new bans and restraints at the state level. On Friday, they warned activists against complacency, with one speaker acknowledging that the decision had ushered in “challenging times of unrest and new threats to human life” as a reinvigorated reproductive rights movement pushes back.“This is not the end of our journey,” the Mississippi attorney general, Lynn Fitch, whose office brought the supreme court case – Dobbs v Mississippi – that overturned Roe, said from the stage before the march. “It is our charge today, in this new Dobbs era, to channel that same determination and hope and prayer that has led you to these streets for 50 years.”From the White House, Joe Biden marked the occasion with a vow to protect abortion access and a proclamation recognizing the 50th anniversary of the Roe v Wade decision, which falls on Sunday 22 January.“Never before has the court taken away a right so fundamental to Americans,” Biden said in the statement. “In doing so, it put the health and lives of women across this nation at risk.”He called on Congress to codify abortion rights and pledged to continue to use his limited executive authority to protect access wherever possible.In the seven months since the supreme court ended the federal protections guaranteed by Roe, abortion access in America has become a patchwork of state-by-state policies. More than a dozen states have enacted sweeping bans on abortion, while several more aim to take similar actions when state legislatures reconvene this year. Pending legal challenges have added to the uncertainty.Their efforts to advance new measures at the state level have been met with fierce opposition from abortion rights advocates. Initiatives have sprung up to help women seeking abortions travel to states where it remains legal or to access abortion pills. At the ballot box, abortion opponents have suffered a string of significant and unexpected defeats, including in conservative states like Kansas and Kentucky, while several Republican candidates who supported abortion bans without exceptions lost high-profile races in the 2022 midterm elections.But at Friday’s march, the mood was undeniably joyful. Busloads of high school students, a hallmark of the event, carried signs proclaiming: “I am the post-Roe generation.” They marched alongside seasoned activists exulting in a victory that had once seemed unimaginable.“We did it,” the Rev Lalita Smith said, recounting her “exuberance” when the Dobbs decision was handed down. “But in doing so, we brought more battles to the forefront because now every state has a right to decide what their position is going to be.” Activists from states where abortion remains legal said they were working toward a more complicated goal that required changing not only the laws, but hearts and minds, too.“If anything, the pro-life movement is more important than ever before because now it’s up to the states,” said Katie, a 19-year-old college student from Massachusetts who preferred not to give her last name.The theme of this year’s gathering was “Next Steps: Marching Forward into a Post-Roe America”, a recognition that the fight to end abortion in America has moved to Congress and all 50 state legislatures. To further underscore the shift, the march charted a slightly different course. Instead of finishing at the foot of the supreme court, they concluded at a spot located between the court building and the US Capitol.Congresswoman shares story of stillborn son with US HouseRead moreAt the rally, the speakers presented a united front, committed to the march’s overarching vision to end abortion. But the post-Roe landscape has exposed fault lines in the anti-abortion movement as Republicans, elected officials and activists press ahead with varying demands, tactics and approaches.“What is the most ambitious we can be?” Marjorie Dannenfelser, the president of Susan B Anthony Pro-Life America (SBA), a leading anti-abortion group, told reporters this week.Dannenfelser said she would like to see Congress enact a “federal minimum standard” that would ban abortions after a certain point early in a pregnancy, though she was clear-eyed that the prospects of such action were dim as long as Democrats held the Senate and the White House.The House speaker, Kevin McCarthy, welcomed the marchers to Washington, pledging: “You now have a Congress that is standing up for life.”Addressing the crowd, Steve Scalise, the House majority leader, touted a pair of anti-abortion measures that passed the chamber earlier this month, among the first actions taken by the new Republican majority. “That’s what difference elections make,” he declared.Speaking next, the Republican congressman Chris Smith of New Jersey, co-chair of the congressional pro-life caucus, said the House would soon take up a third measure that would block federal funding for abortion, known as the Hyde Amendment.The gathering also drew opposition. On Thursday, the abortion rights group Catholics for Choice unfurled large banners from the rooftop of a Planned Parenthood in Washington, as anti-abortion activists demonstrated below. One read: “Most people of faith support legal abortion”. On Friday, abortion rights activists disrupted a prayer service organized by the March for Life.“These extremists lied, cheated and stole seats on the supreme court in order to overturn Roe,” Mini Timmaraju, president of Naral Pro-Choice America, said in a statement. “It’s never been clearer that they are the minority: that’s why they had to cheat to win, and that’s why they were defeated handily in the midterm elections.”The anti-abortion movement just had a mask-off moment in Alabama | Moira Donegan Read morePublic opinion polls since the Dobbs ruling in June have repeatedly found that a majority of Americans support access to legal abortion. A Pew poll conducted in July found that nearly six in 10 Americans disagreed with the supreme court’s decision eliminating a constitutional right to abortion, while just four in 10 approved of it. Public support for abortion has largely remained unchanged, even as the partisan divide on the issue has deepened.On Sunday reproductive rights activists will commemorate what has now become a bitter milestone, the 50th anniversary of the Roe decision, with rallies in state capitals around the country. The events are being held under the banner: “Bigger than Roe” and organizers say they hope to build on their successes in the 2022 midterms.Vice-President Kamala Harris will mark the anniversary on Sunday with a speech in Florida, where she will rally reproductive rights supporters to fight state-level efforts to ban abortion while calling on Congress to enact federal protections.In Florida, Democrats are bracing for new attempts to restrict abortion after Governor Ron DeSantis, a potential 2024 presidential candidate, signed into law a bill banning the procedure after 15 weeks of pregnancy.Dannenfelser, the SBA president, said Florida was a model for what is possible across the country as a new generation of emboldened abortion opponents take charge.“This year, we march with fresh resolve as a brand-new pro-life movement,” she said, adding: “We’re more expectant than ever that we will make new gains for women and children.”TopicsAbortionRoe v WadeRepublicansUS politicsnewsReuse this content More

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      New York City to provide free abortion pills at four clinics

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      New York City to provide free abortion pills at four clinicsBronx clinic will be first of four free clinics to offer free abortion pills, followed by facilities in Brooklyn, Manhattan and Queens New York’s mayor, Eric Adams, has announced free abortion pills will be provided at four public clinics across the city, making its health department the first in the nation to offer free medication abortion.Abortion pills are used in more than 50% of all US abortions, but most are given in a hospital where patients and their insurance are billed. Unlike hospitals, these clinics primarily target those on lower incomes and the uninsured. They are free to access.The news comes after the conservative-majority US supreme court voted last year to overturn Roe v Wade, the landmark case that guaranteed the constitutional right to an abortion. Since the ruling, getting an abortion in America has become more difficult as many Republican-dominated states have limited or banned abortion. Abortion pills can be taken up to 11 weeks of pregnancy and the earlier they are taken, the more effective they are.In a speech on women’s health on Wednesday, Adams said: “For too long, health and healthcare has been centered around men. If men had periods, pap smears and menopause, they would get a paid vacation, and if men could get pregnant, we wouldn’t see Congress trying to pass laws restricting abortion.”On Wednesday, a Bronx clinic will be the first of the four free clinics to offer free abortion pills. The pills will be made available at three more clinics in Brooklyn, Manhattan and Queens and the rollout will take up to a year due to federally mandated training for the healthcare workers, according to health commissioner, Dr Ashwin Vasan.In New York, abortion is legal but it is now in effect banned in at least 13 states, including Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas, West Virginia and Wisconsin.TopicsNew YorkEric AdamsUS politicsAbortionRoe v WadenewsReuse this content More

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      Onslaught of new abortion restrictions looms in reddest of states

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      Onslaught of new abortion restrictions looms in reddest of statesNew state legislative sessions likely to bring fresh efforts to restrict, penalize or altogether ban the procedure In Nebraska, a total abortion ban could be on the horizon. In Florida, the gestational limit for abortions could drop from 15 weeks to 12. Elsewhere, lawmakers have abortion pills in their sights.When Roe v Wade fell, most states were no longer in legislative session, meaning the term during which they usually write and pass bills had ended. In January, state legislatures will reconvene in an entirely new reality, one where conservative lawmakers are no longer constrained by the constitutional right to abortion once assured by Roe.Googling abortion? Your details aren’t as private as you thinkRead moreThe midterm elections brought victories for abortion rights in a number of states. But in others, politics are on the side of anti-abortion advocates. In those reddest of states, the new state legislative sessions are likely to bring a fresh onslaught of efforts to restrict, penalize or altogether ban abortion.Katie Glenn, the state policy director at Susan B Anthony Pro-Life America, confirms the group’s top priority in 2023 will be reducing the gestational age for legal abortion, alongside bringing new outright bans. Abortion is currently banned in 13 states.Exactly how restrictive those bans will be remains to be seen, with conservatives across the country embroiled in conflicts over which exceptions – if any – should be allowed for abortion. “Exceptions in the case of rape and incest, we realise, are sometimes a necessary political reality. And we would not block a bill or oppose a bill that would prevent 95% of abortions,” explains Glenn.In some states, anti-abortion advocates previously stymied by Democrats now have room to maneuver since the midterms, which brought some conservative wins. In 2022, progressive members of Nebraska’s legislature filibustered a ban proposed by Republicans, effectively killing it. But lawmakers say that the party no longer has the votes to block an abortion ban. Meanwhile, in states where abortion bans have been mired in lengthy court proceedings, Republican majorities could pass more stringent laws when the session starts.In Iowa, for example, a six-week ban has been held up in court since 2019. With the legislature reconvening on 9 January, it could choose to pass a new ban rather than waiting for the courts. That would be helped by the fact that, just before Roe fell, Iowa’s state supreme court ruled there is no constitutionalright to abortion in the state. With the midterms solidifying conservative majorities in both chambers, that clears the path toward a tougher ban (though Republicans in the state have said they will discuss next steps only after the court resolves the lawsuit over the six-week ban). Similarly, a six-week ban in Georgia that was recently reinstated by the state supreme court could pave the way for new restrictions when the legislature convenes, considering that Georgia’s governor, state house and state senate are all under Republican control. And in Florida, where the GOP clinched supermajorities in both chambers, legislators have indicated an interest in further limiting abortion, lowering the gestational limit from 15 to 12 weeks.Any legislation in Florida ultimately depends on its Republican governor, Ron DeSantis. DeSantis has grown quiet on the issue as bans have increasingly proven unpopular, and since he is weighing up a 2024 presidential bid, he may hold off.Nor does Republican control over state governments elsewhere necessarily guarantee new restrictions. In some states, consensus has been hard to come by in a GOP increasingly mired by internal divisions.In South Carolina, for example, several attempts to pass an abortion ban in special session in 2022 failed despite a strong Republican majority.Lawmakers were at odds over how far a ban should go, with some supporting an exception for young rape victims, or in cases where there would be no chance of the fetus surviving outside the womb. Ultimately, those differences proved insurmountable: neither side budged, and none of the proposed bans moved forward. A separate six-week ban is making its way through state courts, and abortion in the state remains legal up until 22 weeks.Targeting medication abortionSince Roe fell, requests for medication that can induce a miscarriage have shot up, and medication abortion now accounts for more than half of all abortions, according to the Guttmacher Institute.Conservatives are increasingly concerned with how to enforce abortion bans in a climate where people can access pills online and manage their own abortions. Medication abortion is approved by the Food and Drug Administration, and considered very safe in the first trimester. In Oklahoma, lawmakers have asked the state attorney general to clarify whether self-managed abortion through pills violates the law. Introducing in-person screening requirements is another way to make abortion medication harder to access, especially in states without bans. For example, a Kansas law tried to ban providers from prescribing for medication abortion throughtelehealth. That law was shot down by a judge last month.Restricting telemedicine is one route anti-abortion advocates will take to target medication abortion this year, says Glenn, of SBA Pro-Life America.Students for Life America, another anti-abortion group, intends to go after medication abortion through environmental laws, through bills that would require fetal tissue to be treated as medical waste, curtailing the ability for people to manage their abortions at home. A petition to that effect has already been filed at the federal level with the Food and Drug Administration. Criminalizing abortionStates that ban abortion typically impose criminal penalties on providers who violate bans, but exempt – at least formally – the person actually seeking the abortion. Far-right groups have advocated for an end to that exemption, but their efforts have so far proved politically untenable: in Louisiana, a bill looking to bring murder charges against people who end their own pregnancies failed to pass over the summer, with most Republicans finding it too extreme.Abortion rights advocates are bracing themselves for further such efforts, including bills to criminalize out-of-state travel for abortion – an effort attempted in 2022 by Missouri, without success. “Over a dozen states that put abortion bans in effect in 2022 are states with trifectas that are hostile to abortion rights. In those states that have been the most rabidly anti-abortion, we expect to see a next generation of measures that either remove the exemptions in the current law, or increase the penalties or the enforcement mechanisms” to ban abortions, says Jessica Arons, senior policy counsel for the ACLU.They are also watching efforts to widen the net to penalize those providing assistance to people seeking abortions, including employers. Other legislation already filed in Texas ahead of the new legislative sessionincludes a bill that would count a fetus as a person in the HOV lane; another that would limit tax subsidies for businesses providing support for employees seeking abortions; and legislation that would make it harder for prosecutors to refuse to enforce abortion bans. Bolstered protections in blue statesAmid the barrage of restrictions, other states have made moves to bolster protections for abortion rights. In the midterms, Michigan, Vermont and California protected abortion in their state constitutions. And throughout the country, there are moves to pass and strengthen so-called “shield laws” to protect providers caring for patients from states with bans. “People are looking at those shield laws to see if there are any protections for abortion funds, for example,” explains the Guttmacher Institutes’ policy expert Elizabeth Nash. “If you’re an abortion fund in California, and you give money to somebody from Texas to come to California for an abortion, what kind of protections do we need [to make sure they’re not legally liable]?”Since Roe fell, states like California, Maryland and Delaware have expanded access, including to those from out of state, by passing laws enabling nurses to perform abortions. Meanwhile, in New York, the governor, Kathy Hochul, has allocated millions of dollars to abortion providers and the state is also pursuing efforts to enshrine abortion rights in the state’s constitution. These types of efforts are what states hoping to bolster protections will be looking to. “People are seeing where there are gaps are in these laws, and trying to fill them basically,” Nash says.TopicsAbortionRoe v WadeReproductive rightsUS politicsfeaturesReuse this content More

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      Rights group calls for Samuel Alito to be investigated after claims of leaked 2014 ruling

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      Rights group calls for Samuel Alito to be investigated after claims of leaked 2014 rulingAnti-abortion activist said supreme court justice revealed the landmark ruling on contraception and religious rights weeks earlier A civil rights group issued a call Saturday for US supreme court justice Samuel Alito to be investigated over allegations that the judge leaked a 2014 landmark ruling involving contraception and religious rights at a private dinner with wealthy political donors.The claim was contained in a New York Times article in which minister Rob Schenck, an anti-abortion activist, said he was told of the decision weeks before it was announced and had used the information to prepare a public relations push.Samuel Alito assured Ted Kennedy in 2005 of respect for Roe, diary revealsRead moreSchenck also claimed he tipped off Hobby Lobby, the craft store chain owned by Christian evangelicals that brought and won the case allowing privately-held, for-profit businesses to be exempt from regulations to which its owners religiously object, in this case requiring employers to cover certain contraceptives for their female employees.“The Senate judiciary committee should immediately move to investigate the apparent leak by Justice Alito,” said Brian Fallon, the executive director of Demand Justice.“This bombshell report is the latest proof that the Republican justices on the court are little more than politicians in robes. It’s no wonder trust in the court has hit a record low. Structural reform of the court, including strict new ethics rules, is needed now more than ever.”Fallon added that Schenck “should be called to testify about both the leak and the years-long lobbying effort he once led to cultivate Alito and other Republican justices”.Claims of the judicial leak, potentially for political purposes, comes six months after a draft opinion of the Dobbs decision overturning the nationwide abortion rights established by the 1972 case Roe v Wade was leaked ahead of its June publication.In a letter to supreme court chief justice John G Roberts Jr dated 7 June, Schenck wrote that he was reaching out to the judge “to inform you of a series of events that may impinge on the investigation you and your delegates are undertaking in connection with the leak of a draft opinion”.He described a dinner at which an unnamed political donor invited to dine at the home of Alito and his wife, Martha-Ann, had offered to try to glean information about the pending decision in the Hobby Lobby case.The next day, the Times reported, the dining guest called Schenck and told him Alito had written the majority opinion in the case and that Hobby Lobby would win. That exact decision was publicly announced less than a month later.Schenck concluded the letter to Roberts by saying he “thought this previous incident might bear some consideration by you and others involved in the process”.How that directly reflects on the current investigation into the leak of the Dobbs decision is not clear, but it arrives at a time of concern for the court’s legitimacy as it works under the sway of a conservative supermajority. Polls show that a majority of Americans are losing confidence in the supreme court.After the leak in May of the Dobbs decision draft, Alito called the unauthorized disclosure “a grave betrayal” and ordered an investigation by the supreme court’s marshal.The Times noted that Schenck’s account has “gaps”. But the newspaper’s examination of the claim uncovered emails and conversations that “strongly suggested” that Schenck knew of the decision before it was made public.TopicsUS supreme courtAbortionRoe v WadeContraception and family planningReligionUS politicsnewsReuse this content More

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      US states vote to protect reproductive rights in rebuke to anti-abortion push

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      US states vote to protect reproductive rights in rebuke to anti-abortion pushVermont, Michigan and California deliver blows to Republican agenda bent on dismantling the right to choose

      US midterm election results 2022: live
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      Voters in multiple states passed measures to enshrine the right to abortion during Tuesday’s midterm elections, delivering a rebuke to the crackdown on reproductive freedoms taking place across the US.In Michigan, abortion rights campaigners declared victory on a ballot initiative looking to secure a constitutional right to abortion, meaning the state will now escape the imposition of a 1931 abortion ban that was on the books.JD Vance wins Ohio Senate race by wider margin than predictedRead moreThe state is the first in the US to fight off a pre-existing abortion ban with a ballot proposal, called Proposal 3, in a move that campaigners across the country see as a possible road map for other states.“Proposal 3’s passage marks an historic victory for abortion access in our state and in our country – and Michigan has paved the way for future efforts to restore the rights and protections of Roe v Wade nationwide,” Darci McConnell, the communication director for Reproductive Freedom For All, wrote in a statement, announcing the news after it was called by ABC and NBC.The news broke as other US states too saw victories for abortion rights initiatives.Vermont became the first state in America to protect abortion rights in its state constitution just before Michigan, calling their result on Tuesday after its voters resoundingly backed a ballot initiative by a huge margin. And in California, voters were on track to overwhelmingly pass a measure to enshrine into the state’s constitution the right to an abortion and contraception.“Vermont voters made history tonight,” said the Vermont for Reproductive Liberty Ballot Committee, which campaigned for the amendment, according to local news. All votes had not yet been counted at 11pm ET, but the yes campaign was leading by 77% to 22%.“Vermonters support reproductive freedom in all four corners of the state … and they believe that our reproductive decisions are ours to make without interference from politicians,” the committee said in a statement.In Vermont, the outcome was always expected, in a New England state so pro-choice that even the Republican governor backed Proposal 5. The proposal, brought by pro-choice advocates, means the constitution now determines that an “individual’s right to personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course”.California’s Proposition 1, meanwhile, was positioned as a direct response to the US supreme court’s decision that overturned decades of established access and thrust the country into turmoil. Voter’s decisive support for Prop 1 will further enhance the state’s reputation as a haven for reproductive care just as restrictions – and political divisions – deepen across the country.The state’s governor, Gavin Newsom – who won re-election on Tuesday with a large majority – joined in the celebrations at a Prop 1 rally.Gavin Newsom speaking now at Proposition 1 rally, which is poised to pass by a huge margin to enshrine right to abortion in California constitution: “We affirmed we are a true freedom state.”— Ashley Zavala (@ZavalaA) November 9, 2022
      “Governor Newsom made it clear that he wants California to be visible as a haven for people seeking reproductive healthcare and Proposition 1 is part of that,” said constitutional law professor Cary Franklin, who also serves as Faculty Director of the Center on Reproductive Health, Law, and Policy at the University of California Los Angeles. “It will get media attention and people will be made more aware that California is a place they can go.”The measure had been expected to easily pass, and analysts said support for reproductive rights could draw even more women and young people to the polls, which could play positively for Democrats in California’s conservative pockets.These wins deliver more blows for Republicans who are increasingly finding that, when put to a vote, Americans frequently do not agree with a sweeping agenda to dismantle abortion rights.So far, the anti-abortion movement has relied on judges, state houses and Republican lawmakers to curtail reproductive rights.But since the supreme court dismantled the constitutional right to abortion on 24 June, pro-choice advocates are increasingly looking to ballot initiatives as a way of shoring up rights. The anti-abortion movement suffered a huge blow over the summer when Kansas – a usually reliably red state – slammed down a proposal brought by the Republicans, looking to confirm there was no right to abortion in the state constitution.In Michigan the mood was already jubilant at the yes campaign’s watch party before they called the result, with voters screaming loudly, banging on tables and whooping in support of local voters, doctors and speakers from the American Civil Liberties Union and Planned Parenthood.“My name is Nicholas, and I live in Ingham county,” one campaigner took to the stage to say. Speaking about him and his girlfriend, he added: “We knocked on over 1,500 doors and walked over a hundred miles, talking to neighbors who – like the rest of us here – agree this is a fundamental right,” to screams and cheers.Nicole Wells Stallworth, executive director at Planned Parenthood Advocates of Michigan later added: “We are living in a time like no other. The US supreme court did something they have never done: They reversed Roe. They tried it. And as such, we needed a campaign like none other. This campaign turned out to be just that.”TopicsAbortionUS midterm elections 2022US politicsVermontRoe v WadeCalifornianewsReuse this content More

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      The US made women second-class citizens. Now we must give a stinging rebuke | Moira Donegan

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      The US made women second-class citizens. Now we must give a stinging rebukeMoira DoneganThe supreme court edict overturning Roe v Wade said women are ‘not without electoral and political power’. That feels almost like a dare Organized feminism has been on the decline in the US since the 1980s, with the radicalism of the second wave giving way to a more diffuse, less focused feminist movement consisting of NGOs, campus activists, online discourse and HR inclusion initiatives. In a way, this is normal. Students of the movement have long spoken of feast and fallow years for feminism, eruptions of activism that are followed by long and virulent backlashes.But feminism has perhaps never received such a dramatic and immediate setback as it did this June. The supreme court’s decision in Dobbs v Jackson Women’s Health Organization undid the major legal achievement of the second wave era, reversing Roe v Wade and ending the constitutional right to an abortion.The result has been chaos, with so-called “trigger bans” blasting into enforcement in some states, long-dormant laws from before the era of women’s suffrage being revived in others and still other states left in limbo, as abortion flickers in and out of legality, depending on the proclivities of whichever judge is determining whichever injunction. Children and teens who are pregnant as a result of incest, rape or exploitation are now forced to travel across state lines for abortions, because they live in states where a fetus or embryo is valued more highly than their own health and potential. Women whose pregnancies are doomed are forced to wait, carrying fetuses they know will not live, or to slowly bleed out their miscarriages until either the fetus dies or they go septic.There’s an incalculable amount of cruelty now being forced on pregnant women, and there’s also an insidious kind of debasement being imposed on all women, pregnant or not. Millions of American women and trans people are now living in states where their lives are not their own, where an unplanned pregnancy can derail their educations, careers or plans, where they must live under the indignity of the knowledge that the state can compel them to give birth. That injury is not the kind of acute horror story that we see coming out of states where bans are now in effect. But it is an injury that has been done to each and every woman in America.This indignity is political. For the past five decades, during the Roe era, American women were endowed with a basic level of respect by the right to abortion. They could not be forced to carry a pregnancy to term; their bodies, at least on paper, were their own. This principle lent women a sense of worth and equality under the law, the sense that the freedoms and responsibilities of self-determination and self-respect – of life, liberty and the pursuit of happiness – so revered in the American tradition were theirs, too. The idea was that women were made, by Roe, into full citizens – not members of some lesser class needing monitoring or protection, but equal participants in the American project.This idea was so powerful and potent to American women’s identity that it did not matter what the reality of Roe was. It did not matter that the decision itself was built on legal reasoning about a right to privacy, instead of a more secure, more honest reasoning about equality; it did not matter that the supreme court had never recognized American women as having their own individual right to reject pregnancy. Over the 49 years of its existence, Roe became more than just the 1973 court decision and its logic. It became a symbol, a shorthand for the baseline preconditions of women’s full citizenship.Dobbs erased both the law and the symbol. Women no longer have a constitutional right to an abortion, and we no longer have the dignity that that right gave us. We are now, in many states, subject to laws that criminalize and surveil us, that assess our needs for medical care based on whether we are suffering enough to deserve it, that in many cases treat blobs of tissue, laughably far from anything human, as having rights and interests that trump our own. In one of the most intimate and life-defining aspects of our existence, we find ourselves not quite treated as adults, not allowed to make our own choices, not trusted to know our own interests and not valued in our own right. In pregnancy, women are now less citizens than they are subjects.In his majority opinion ending the constitutional right to abortion, Samuel Alito asserts that he’s not hurting women on the basis of their sex at all, that he is merely handing the issue “back to the states”, as if any state law banning or restricting abortion did not inherently make women less equal. But Alito asserted that women who did not like the Dobbs decision could simply vote to reverse its effects in their own states, and hope that a majority of other voters agreed with them that they should be full citizens with self-determination. “Women are not without electoral or political power,” Alito said, perhaps somewhat regretfully. If they didn’t like the status of second-class citizenship to which his ruling had consigned them, why didn’t they simply vote themselves out of it? Maybe we will. During the midterm elections, American women can vote en masse to restore reproductive freedom.Of course, voting will not be sufficient to restore abortion rights and women’s full citizenship in America. For that, we will need a revival of an organized and radical feminist movement, committed to local engagement, long-term relationship – and institution-building and direct action. The seeds of that movement are already beginning to germinate in the local abortion funds, clandestine mutual-aid efforts and grassroots mobilizations that have helped fill the well of need in the wake of Dobbs. And of course, voting is not easy for everyone – it has been made less easy, and less meaningful, by the actions of the same supreme court.But the midterm elections represent an immediate opportunity for American women to exercise that political power of which Alito spoke. The elections can preserve Democratic majorities in the House and Senate, which can stave off Republican ambitions to ban abortion nationwide; if the majorities are large enough, they may even be able to fulfill Joe Biden’s promise to reinstate Roe by statute. Voting for Democratic governors, attorneys general and state legislators can blunt or reverse the impact of state abortion bans and misogynist laws: a local election, for many women voters, means a choice between a district attorney who will prosecute patients and providers of abortions, and one who will not.Alito’s whole opinion drips with contempt, but the line about American women – that we are “not without electoral and political power” – felt like a dare. American women do have power, perhaps more than Samuel Alito realizes. It’s time to call his bluff.
      Moira Donegan is a Guardian US columnist
      TopicsUS politicsOpinionAbortionWomenRoe v WadeUS supreme courtLaw (US)HealthcommentReuse this content More

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      A Young American Woman Loses Faith After Dobbs Ruling

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