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      Anti-abortion movement achieved goal of reversing Roe – but it is far from done

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      Anti-abortion movement achieved goal of reversing Roe – but it is far from done A total end to abortion in the US is the next goal – and how the movement aims to accomplish that depends on who you askThe anti-abortion movement has historically been among the best organized factions in American politics, and for decades has had a seemingly singular goal: overturn Roe v Wade.Last week, that was accomplished and as the anti-abortion movement celebrated its victory via the US supreme court, one question has emerged: what will they do next?The court’s conservative supermajority reversed the landmark 1973 decision, which had granted US women the federal right to terminate a pregnancy. The end to the constitutional right almost immediately led more than half a dozen states to ban the procedure. In the coming weeks and months, more than half of US states are expected to institute severe restrictions or outright bans.But that does not mean the end of the movement. Far from it, in fact.“There still is a singular goal,” said Mary Ziegler, a historian of abortion laws in the US, a visiting law professor at Harvard, and recent author of Dollars for Life: The Anti-Abortion Movement and the Fall of the Republican Establishment. That goal “has never been the overruling of Roe” but fetal personhood – a legal concept that would establish “some kind of recognition of fetal rights”.Global healthcare groups and human rights advocates have called the US court’s decision “an unconscionable attack” on the health and rights of US women and girls, warned it will cause a global chilling effect on reproductive healthcare, and that abortion bans and forced birth will exacerbate already egregious maternal mortality disparities in the US.Nevertheless, the anti-abortion movement has made clear its work is not done. But how to set about achieving the next goal – a total end to abortion in the US – depends on who you ask.Ruth Bader Ginsburg, former liberal supreme court justice and famous supporter of reproductive rights, had argued Roe provided opponents of abortion, “a target to aim at relentlessly”.With the landmark case no longer an impediment to anti-abortion ambitions, “there’s much more of a kind of free-for-all about how you should achieve personhood”, Ziegler said. Now, the once rigidly cohesive movement is wrestling with the best way forward.In Georgia, where a ban on abortion at six weeks gestation is likely to go into effect, anti-abortion leaders immediately called on the Republican governor, Brian Kemp, to impanel to pass a “personhood” amendment to the state’s constitution.Such a law would imbue fertilized eggs with the rights of people, ban embryo selection for in vitro fertilization, and call into question treatment for ectopic pregnancies (in which an embryo implants outside the uterus and is never viable).“We are petitioning him to call a special legislative session,” said Zemmie Fleck, executive director for Georgia Right to Life. “Brian Kemp says he is pro-life, and if he is truly pro-life, then we’re saying this is your time to protect every innocent human life.”Fleck also opposes emergency contraception and some forms of birth control, said there should be no exemptions to allow abortions for rape, incest or fetal abnormalities, and that ectopic pregnancies should be “reimplanted” – though no such procedure exists, according to the American College of Obstetricians and Gynecologists.Whether Georgia Right to Life will endorse prosecuting women, Fleck said, is something the group is now actively considering.“The fact someone is intentionally taking a life is a huge consideration, because we have laws in Georgia that pertain to someone who murders someone,” said Fleck. “But again [we] do not have a strict position statement.”However, anti-abortion campaigners’ strategy in Georgia is just one of many to emerge in the days leading up to and following Roe’s reversal.Former vice-president Mike Pence called for a national abortion ban. The anti-abortion group National Right to Life (NRL) issued model legislation to ban abortion except to save a woman’s life. It also suggested states ban “giving instructions over the telephone, internet or any other medium of communication regarding self-administered abortion”, a suggestion with enormous free speech implications.Anti-abortion leaders in several states called for constitutional amendments to clarify there is no right to abortion, such as in Alaska and Kentucky. West Virginia pioneered this path before the fall of Roe, and Kansas voters are already scheduled to cast ballots on a similar measure on 2 August.Meanwhile, the largest US anti-abortion online media site, Live Action, has been furiously fundraising to “cut through the lies about what the ending of Roe really means for children, women, and families”. One email argued treatment for ectopic pregnancy and miscarriage will remain legal, although reproductive rights advocates said access to such procedures is will probably diminish when obstetricians and gynecologists fear prosecution.Addia Wuchner, executive director of Kentucky Right to Life, argued assertions that anti-abortion activists want to ban some forms of contraception, in vitro fertilization and “monitor ovulation” were not true.“These are the great lies of an industry – I know they want to be called a healthcare service – that has made great profits off the back of women,” Wuchner said about abortion providers, such as obstetricians and gynecologists.Similarly, Wuchner said concerns about the right to contraception and same-sex marriage being overturned in the courts are “blown out of proportion”. Kentucky right to life is neither working to ensure access to birth control, nor to “make it illegal”, she said.When the supreme court overturned Roe v Wade, conservative supreme court justice Clarence Thomas explicitly stated the court should “reconsider” cases that established same-sex marriage, same-sex intimacy and the right to contraception. Thomas’s opinion, advocates fear, was an invitation for such rights to be challenged.Debates about how to enforce abortion bans have also emerged. Some progressive prosecutors have made national headlines for refusing to enforce abortion bans. However, conservative local prosecutors have also vowed to vigorously investigate alleged abortion ban violations, such as Benton county, Arkansas, prosecuting attorney Nathan Smith.“We’ll approach it like any other potential crime,” said Smith, who sent a letter to a local Planned Parenthood affiliate assuring them he would seek criminal charges. “If somebody reports an initial violation of the statute, law enforcement will investigate it, and we’ll proceed on a case by case basis like anything else”.In the chaos that has followed the Dobbs decision, the long-term direction of the movement is difficult to predict, Ziegler said, though one aim remains – a total ban on abortion.“Ultimately, the end goal is the same for everybody,” Ziegler said.TopicsUS supreme courtAbortionWomenLaw (US)US politicsfeaturesReuse this content More

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      Louisiana judge blocks abortion ban amid uproar after Roe v Wade ruling

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      Louisiana judge blocks abortion ban amid uproar after Roe v Wade rulingState temporarily blocked from enforcing ban as other US states pass ‘trigger laws’ designed to severely curtail access to abortion A Louisiana judge on Monday temporarily stopped the state from enforcing Republican-backed laws banning abortion, set to take effect after the US supreme court ended the constitutional right to the procedure last week.Alexandria Ocasio-Cortez calls for supreme court justices to be impeachedRead moreLouisiana is one of 13 states which passed “trigger laws”, to ban or severely restrict abortions once the supreme court overturned the 1973 Roe v Wade ruling that recognized a right to the procedure. It did so on Friday, stoking uproar among progressives and protests and counter-protests on the streets of major cities.In New Orleans on Monday, an Orleans Parish civil district court judge, Robin Giarrusso, issued a temporary restraining order, blocking the state ban.The case before Judge Giarruso, a Democrat, was brought by Hope Medical Group for Women in Shreveport, one of three abortion clinics in Louisiana.“We’re going to do what we can,” Kathaleen Pittman, administrator of Hope Medical Group, told the Associated Press. “It could all come to a screeching halt.”The Louisiana lawsuit is one of several challenging Republican-backed abortion laws under state constitutions.In Utah, a branch of Planned Parenthood sued on Saturday over a trigger ban. In Ohio, abortion rights advocates plan to challenge a ban on abortions after six weeks that took effect on Friday. A Florida ban on abortions after 15 weeks is also the subject of a request for a temporary block.In Arizona, the American Civil Liberties Union (ACLU) and an abortion-rights group filed an emergency motion on Saturday, seeking to block a 2021 law they worry can be used to halt all abortions.On the national stage on Monday, a group of 22 attorneys general issued a statement promising to “leverage our collective resources” to help women in states where abortions are banned.A statement said: “Abortion care is healthcare. Period.”The statement was signed by the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont and Washington.They said: “We stand together, as our states’ chief law officers, to proudly say that we will not back down in the fight to protect the rights of pregnant people in our states and across the country.“While the US supreme court’s decision reverses nearly half a century of legal precedent and undermines the rights of people across the United States, we’re joining together to reaffirm our commitment to supporting and expanding access to abortion care nationwide.”The statement added: “Ultimately, what harms people in some states harms us all. The future and wellbeing of our nation is intrinsically tied to the ability of our residents to exercise their fundamental rights.“… If you seek access to abortion and reproductive healthcare, we’re committed to using the full force of the law to … fight for your rights and stand up for our laws.“We will support our partners and service providers. We will take on those who seek to control your bodies and leverage our collective resources – thousands of lawyers and dedicated public servants across our states. Together, we will persist.”02:03As of Saturday, abortion services had stopped in at least 11 states. Speaking to the Associated Press, Brigitte Amiri, deputy director of the ACLU Reproductive Freedom Project, said the group was looking at “all options” to protect access.But lawsuits may only buy time. Even if courts block restrictions, lawmakers could address any cited flaws.That is likely to be the case in Louisiana. The plaintiffs in the suit there do not deny that the state can ban abortion. Instead, they contend Louisiana has multiple and conflicting trigger mechanisms in law.The suit says the trigger laws, the first of which was passed in 2006, make it impossible to tell when they are in effect, if one or all are in force and what conduct is prohibited. The lawsuit contends that such vagueness has resulted in state and local officials issuing conflicting statements about whether the trigger bans are in effect.Judge Giarruso wrote: “Each of the three trigger bans excepts different conduct, making it impossible to know what abortion care is illegal and what is allowed, including what care can be provided to save a woman’s life or end a medically futile pregnancy.”Giarruso scheduled an 8 July hearing to decide whether to further block enforcement of the ban. The Center for Reproductive Rights, which filed the suit on behalf of the clinic, said abortion care was resuming in Louisiana.The Republican state attorney general, Jeff Landry, did not immediately comment. On Friday, he said those who challenged state bans would be “in for a rough fight”.Prosecutors in some Democratic-led cities in Republican-led states have indicated they will not enforce abortion bans.The New Orleans district attorney, Jason Williams, said he would not criminalize abortions and that the overturning of Roe v Wade “is a cruel and irresponsible stripping of a woman’s agency”.‘A matter of life and death’: maternal mortality rate will rise without Roe, experts warnRead moreCondemning leaders for not focusing on issues such as lifting children out of poverty, he added: “It would not be wise or prudent to shift our priority from tackling senseless violence happening in our city to investigating the choices women make with regard to their own body.”On Monday, in light of moves by Cincinnati city leaders to support abortion access, Joseph Deters, the Republican county prosecutor, said: “I have repeatedly stated it is dangerous when prosecutors pick and choose what laws they want to enforce. When prosecutors do not follow their oath, it will promote lawlessness and challenge the basic structures of separation of powers.”Regarding the Louisiana case, Nancy Northup, chief executive of the Center for Reproductive Rights, said: “A public health emergency is about to engulf the nation. We will be fighting to restore access in Louisiana and other states for as long as we can.“Every day that a clinic is open and providing abortion services can make a difference in a person’s life.”TopicsRoe v WadeLouisianaAbortionWomenHealthUS politicsUS supreme courtnewsReuse this content More

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

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

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      The Observer view on Donald Trump’s influence on Roe v Wade ruling | Observer editorial

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      The Observer view on Donald Trump’s influence on Roe v Wade rulingObserver editorialThe US abortion ban is the ex-president’s legacy and he must face prosecution for abuse of power The baleful influence of Donald Trump continues to be felt in American life despite his decisive election defeat in 2020 and subsequent disgraceful behaviour. The supreme court’s regressive, dangerous and insulting decision to abolish a woman’s constitutional right to abortion was made possible by Trump’s appointment of three highly conservative justices who all voted for the change.This disaster is not all Trump’s doing. A noisy anti-abortion lobby of rightwing Republicans and evangelical Christians has fought for decades to scrap the 1973 Roe v Wade ruling giving women the right to choose. But they represent, at most, one-third of Americans. Trump adopted their minority view for the same reason he champions the gun lobby – for electoral advantage.Although the court’s decision was anticipated, it is still a tremendous shock – as ensuing nationwide protests suggest. The speed with which some Republican-controlled states are moving to outlaw or restrict abortion is also dismaying. The fear is that the other hard-won privacy rights and freedoms, such as the right to contraception and same-sex marriage, may be threatened.Seeking to limit divisions, the chief justice, John Roberts, had hoped to limit Roe v Wade rather than abolish it outright. The Trump justices’ willingness to take the most extreme option will further undermine public confidence in the court, damaged like other US institutions by the political partisanship of the “culture wars” era.President Joe Biden described the ruling as a “sad day”, while outraged Democrats say they will try to enshrine abortion rights in federal law. To do so, they need to win big in November’s congressional midterm elections. Abortion rights are thus certain to be a central issue in the autumn campaign and the 2024 presidential election.Trump will relish that. As is his wont, he claimed personal credit for the court’s decision, saying it was his “great honour” to have made it possible. Yet it has long been evident he lacks strong religious or moral convictions about abortion or anything else. As always, his motives are self-serving. Even erstwhile diehard supporters tire of such cynicism. There is evidence that Trump fatigue is setting in.Proof of that contention has been on display in recent days on Capitol Hill, where an investigation into the 6 January 2021 insurrection is providing jaw-dropping testimony about Trump’s undeniable criminal culpability. From the moment he realised Biden was winning on election night in November 2020, Trump began a concerted, deliberate and illegal effort to reverse the result.Abusing the power of his office, Trump intimidated officials in Georgia and other swing states in a move to fiddle the vote, knowingly disseminated false claims of fraud and conspiracy theories, and dangled promises of presidential pardons for those who supported his coup attempt. “Just say the election is corrupt and leave the rest to me,” senior justice department officials said Trump told them.When none of that worked, he openly incited white supremacist groups such as the Proud Boys to attack Congress to prevent certification of Biden’s victory. When they threatened to hang his vice-president, Mike Pence, for refusing to invalidate the election outcome, he applauded. “Maybe our supporters have the right idea,” he reportedly told aides. Pence “deserves it”.Like the abortion debate, this is not over. Clinging to his “big lie”, Trump claims everything else is a hoax. As ever, he subverts American democracy. But he has been weakened and now is not the time to let him off the hook. Trump plainly broke numerous laws. Most Americans agree: he must face criminal prosecution.Do you have an opinion on the issues raised in this article? If you would like to submit a letter of up to 250 words to be considered for publication, email it to us at observer.letters@observer.co.ukTopicsRoe v WadeOpinionAbortionDonald TrumpUS Capitol attackWomenUS politicseditorialsReuse this content More

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

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

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

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

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

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

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      The Great Stewardess Rebellion review: stirring read of and for a post-Roe world

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      The Great Stewardess Rebellion review: stirring study of what Roe v Wade helped vanquish As the supreme court attacks women’s rights, Nell McShane Wulfhart’s story of ‘a workplace revolution at 30,000ft’ is timely In 1966, when America was still in the throes of the Mad Men era, when men were men and women were their secretaries, Martha Griffiths, one of a handful of women in Congress, wrote to the senior vice-president of United Airlines.‘A PhD in my brother’: Valerie Biden Owens on the Joe she knowsRead moreShe asked: “What are you running, Mr Mason, an airline or a whorehouse?”Charles M Mason had declared that a stewardess who lingered on the job for more than three years without finding a husband was “the wrong kind of girl”.Mason’s comment described not just the devalued status of stewardesses in the 1960s but the reality of most working women at the time. Mason’s “wrong kind of girl” (these “girls” were usually college graduates) was a woman who might not want marriage and children to be her only occupation, or might need to work for a living.As Nell McShane Wulfhart writes in her astonishing exposé of their long struggle for respect and equality, flight attendants were pimped out as sexual objects whose role was to serve, charm and entice male customers. TWA, United, Delta and other airlines argued that their bottom line depended on hiring young, beautiful women and firing them if they got married or pregnant, turned 32 or, God forbid, put on some pounds. Airlines were in the business of selling sex along with tickets, a very profitable Playboy Club in the skies.This largely under-chronicled aspect of recent women’s history is a valuable reminder of how far women have come. Those were the days when women couldn’t get credit cards or sign leases without their husband’s permission, sexual harassment and firing pregnant women was legal, only 3% of lawyers and 7% of doctors were women, and women earned 40% less than men for the same jobs. Women may have achieved the right to vote in 1920 but they hadn’t made many more strides towards equality until the second-wave feminist movement lit the fire in the 1970s.The recent bombshell draft opinion by the supreme court justice Samuel Alito, which would reverse 49 years of a woman’s right to control her body and life, only makes The Great Stewardess Rebellion a more relevant and urgent read. As American women stand on the precipice of revisiting their pre-1973 second-class citizenship, Wulfhart provides a stark reminder of how dark those days really were.In 1965, as many as a million women interviewed for 10,000 positions as “sky girls”. A stewardess’s globetrotting life trumped the few other options available: secretary, nurse, teacher. Those who made the cut were shipped to the “charm farm”, a stewardess boarding school where candidates were taught how to comply with strict hair, makeup, nails and clothing regulations. False eyelashes and girdles, yes. Glasses, no. Skills like mastering airplane safety came a distant second to physical appearance.As important as looking good was being svelte. If a stewardess stood 5ft 5 she could weigh 129lb or less, with three-pound overage once a month during menses. At the charm farm, “girls” close to the weight limit were pulled out of class for random weigh-ins. On the job, a scale was placed in the operations room, with stewardesses required to weigh in in front of their mostly male colleagues. Company doctors prescribed diet pills and many patients got hooked on Black Beauties. If a stewardess made the mistake of getting pregnant, she would have to quit, find a way to get an illegal abortion, or take sick leave to give birth in secret. At least six stewardesses who were fired after they turned 32 killed themselves.And then there were the “uniforms”. At first, the style was proper: hats, gloves, knee-length skirt suits and heels. But in the latter half of the 60s, the sex-kitten look prevailed. In 1968, TWA launched the “Foreign Accent” campaign. Each plane had its own theme and costume: a gold minidress for France, a toga for Italy, a ruffled white blouse for Olde England. American Airlines required tartan miniskirts, matching vests and raccoon fur caps.Braniff introduced the “Air Strip”, where stewardesses would slowly shed their Pucci-designed uniforms over the course of the flight. Madison Avenue ad copy boasted: “When she brings you dinner, she’ll be dressed this way … After dinner, on those long flights, she’ll slip into something a little more comfortable … the Air Strip is brought to you by Braniff International, who believes that even an airline hostess should look like a girl.”When the Equal Employment Opportunity Commission opened, after the passage of Title VII of the 1964 Civil Rights Act, stewardesses were among its first customers. More than 100 gender discrimination complaints were filed by stewardesses in the EEOC’s first year and a half. The agency, set up primarily to battle race discrimination, did not take the stewardesses seriously at first. Nor did the unions, Congress or the courts, and it would be years until any semblance of real change could be wrenched out of the airlines.But when the women’s liberation movement erupted in 1970 it empowered stewardesses too. Mary Pat Laffey filed a class action discrimination suit against Northwest Airlines for violation of Title VII and the Equal Pay Act. Northwest appealed over and over but Laffey finally made history in 1984, when she won the largest monetary judgment in Title VII history: $63m in back pay.More importantly, the case forced other large corporations to settle EEOC cases and put affirmative action plans in place, paving the way for a workplace revolution. Laffey’s career lasted 42 years – enough time to witness the role of women in the workplace transform from servants and sexpots to partners and colleagues.Now we wait to see how far the supreme court will go to turn back the clock.
      The Great Stewardess Rebellion is published in the US by Doubleday
      Clara Bingham is the author of Witness to the Revolution: Radicals, Resisters, Vets, Hippies, and the Year America Lost its Mind and Found its Soul
      TopicsBooksFeminismWomenPolitics booksUS politicsAir transportUS constitution and civil libertiesreviewsReuse this content More