| Since the 2022 Dobbs decisions abolished abortion as a right guaranteed by the US Constitution, and returned the issue to each state to decide, it is a sad and outrageous fact that an American woman’s personhood now depends on the zip code in which she resides.
In her dissent in the Dobbs decision, Justice Kagan quotes from the precedential Casey decision, which importantly clarified Roe v. Wade: “…whether and when to have children… the Court explained that those choices — ’the most intimate and personal’ a person can make — reflect fundamental aspects of personal identity; they define the very ‘attributes of personhood.’ And they inevitably shape the nature and future course of a person’s life (and often the lives of those closest to her). So, the Court held, those choices belong to the individual, and not the government. That is the essence of what liberty requires.”
Justice Kagan continued in her dissent, further citing Casey: “‘The ability of women to participate equally’ in the ‘life of the Nation’ — in all its economic, social, political, and legal aspects — ‘has been facilitated by their ability to control their reproductive lives.’ Without the ability to decide whether and when to have children, women could not — in the way men took for granted — determine how they would live their lives, and how they would contribute to the society around them.”
Stripping women of the fundamental right to control their own bodies, the Dobbs decision has relegated women to second-class citizens, depending on their zip codes. But we women are not powerless.
These upcoming elections offer a vital opportunity to influence state and national policy on reproductive rights and voting protections, among other issues central to fairness and democracy. We can make a difference in the 2024 Election.
GET OUT THE VOTE
Nudge, plead, encourage your family, friends, book group, water aerobics class, running club, parents association, everyone you know, to vote.
VOTE DOWN BALLOT
US House and Senate Races are crucial. 2024 is an incredibly crowded electoral year. Not only is there the presidential race, but there are top, targeted U.S. Senate races in several states that will determine the balance of power in that chamber. Additionally, there is a very tough fight for control of the U. S. House. Besides the many major laws that affect us, Senators vote, “advise and consent,” on who is to be a federal judge, including on the Supreme Court. Similarly, the House can advance or block major legislation that affects women’s lives.
State officials, including Attorneys General, State Attorneys, and District Attorneys, play a pivotal role in enforcing or selectively neglecting anti-abortion laws. In states like Montana and Michigan, attorneys general have not only enforced abortion bans but are also attempting to block residents from accessing legal abortion care out of state. Similarly, Idaho’s Attorney General asserts that doctors violate the state’s total abortion ban if they assist patients in obtaining legal care elsewhere. In Alabama, following the enactment of a total abortion ban, the Attorney General has expressed intentions to use existing non- abortion-specific criminal laws, such as conspiracy, to prosecute those who help patients seek care out of state.
Since the Dobbs decision granted states the sole authority over reproductive rights, state legislatures have become key players. Currently, 41 states have abortion bans in effect, with only limited exceptions. Of these, 28 states restrict abortion based on gestational duration: eight states ban the procedure at or before 18 weeks, while 20 impose bans after 18 weeks. Meanwhile, nine states and the District of Columbia do not impose gestational limits.
Legislatures in states like Idaho and Tennessee have even criminalized supporting minors who seek legal abortion care out of state without parental consent. This is particularly devastating for young people who cannot safely involve their parents in their abortion decisions.
State Supreme Courts are pivotal, influencing key issues like abortion access, voting rights, and racial justice, alongside their essential role in administering justice. About 95% of all U.S. court cases are handled at the state level. This November, voters will decide the fate of 82 supreme court seats and 223 intermediate appellate seats across 33 states.
Even if abortion rights aren’t explicitly on the ballot, state supreme court elections will have a direct impact on the future of abortion access. These justices, as the final interpreters of state constitutional law, will decide on medical exceptions, protections, and potential future ballot initiatives regarding abortion.
A good example is South Carolina. There, the state supreme court reversed a decision issued last year striking down an abortion ban after the only female justice on the court retired. The legislature replaced her, to create the only all male high court of any state in the country. The legislature then enacted a nearly identical six week abortion ban, and the newly composed court upheld that.
This 2024 election, there are state supreme court justices up for retention or re-election, who have previously supported anti-abortion rulings in Arizona, Missouri, Florida, and Texas. Other significant state judicial races are happening in Minnesota, North Carolina, Indiana, Iowa, Montana, Ohio, and Michigan. The latter two underscore the critical role of courts in safeguarding abortion rights. While Ohio and Michigan have passed ballot measures to protect abortion access, state courts will ultimately decide how these protections are interpreted and enforced.
DO YOUR RESEARCH. Research thoroughly and vote accordingly.
Endorsements: Review endorsements from advocacy groups, unions, and public officials. These can offer quick insights into a candidate’s stance.
Campaign Websites: Candidates’ websites outline their platforms, policy positions, and backgrounds.
League of Women Voters: Vote411.org provides nonpartisan candidate information.
Ballotpedia.org: Features detailed profiles, including voting records, policy positions, and endorsements.
Vote Smart: Includes information on candidates’ voting records, public statements, and interest group ratings.
Look at federal candidates’ past voting records, which reveal their stances on key issues. Look into specific bills, such as:
Protecting the Right to IVF Act (2024): Ensures nationwide access to fertility treatments, including IVF.
Women’s Health Protection Act (2023): Codifies Roe v. Wade. Reproductive Freedom for All Act (2024): Establishes the right to make reproductive decisions without undue interference.
Reproductive Freedom for All Act (2024): Establishes the right to make reproductive decisions without undue interference.
Stop Comstock Act: Aims to repeal the 1873 Comstock Act, which could be used to enforce a nationwide abortion ban.
John Lewis Voting Rights Advancement Act: Seeks to restore and strengthen the Voting Rights Act of 1965.
Read Project 2025. Most people did not think that the U.S. Supreme Court would overturn Roe v. Wade, but it did. Many people do not believe that Project 2025 is a serious threat to women’s freedom, but it is. Read the Foreword which is only 17 pages.
The Comstock Act of 1873 can be used as a backdoor way of instituting a national ban on abortions. The concept of fetal personhood affects laws on contraception and IVF as well as abortion, and has been considered in our state laws and courts. Even though the policies of Project 2025 are vastly unpopular, so was the overturning of Roe v. Wade.
There is still time. Do something AND VOTE! |
