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Opinion | Elizabeth Warren and Tina Smith: Roe Is Gone but the Fight Has Just Begun

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The Supreme Court has ruled that Roe is over. But the Supreme Court doesn’t get the final say on abortion. Through their representatives in Congress or the White House, the American people have the final word.

With its decision in Dobbs v. Jackson Women’s Health Organization, an extremist Supreme Court has overturned nearly 50 years of precedent, stripping away the constitutional right to an abortion and ruling that the government — not the person who is pregnant — will make the critical decision about whether to continue a pregnancy. At least nine states have already prohibited abortion; more than a dozen other states could soon do the same, severely restricting, or outright banning abortion, putting the lives and health of women and girls at risk.

If we sound angry and alarmed, that’s because we are. This decision is devastating — and we have seen what happens next. Both of us lived in an America where abortion was legal. A nation where infections and other complications caused havoc on lives. Unplanned pregnancies hampered careers and disrupted livelihoods in a nation. A nation in which women would rather take their own lives than continue unplanned pregnancies.

We must not lose heart, but we must keep our fingers crossed. Each of us can and should act — both elected officials and everyday Americans. Helping those in need of abortion is a good place to start. Support Planned Parenthood or other organizations expanding their services in states that allow abortion. Contribute to the funding of abortion. Encourage state legislators in New Mexico and Minnesota to protect reproductive rights. Employers in states that ban abortions should encourage their employees to have enough time off and travel money to get the care they need. Do all you can — and demand the same all-you-can approach from all of our elected leaders.

We sent an open letter to President Biden earlier this month. It was signed by Senator Patty Murray, half of the Senate Democratic Caucus and outlined executive actions that he could take in order to protect reproductive freedom. These actions include increasing access and availability to abortion medication, providing federal resources to individuals seeking abortion care elsewhere, and using federal property and other resources to protect those seeking abortion services locally. We need to act now.

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Friday saw the Dobbs Decision become public. This decision has created a dangerous situation that could threaten millions of women across the country. We ask the president to declare an emergency in public health to ensure that all Americans have access to abortion. This will allow the federal government and states to use critical resources and authority to meet the increased demand for reproductive health services. Democrats must act quickly to address the danger.

We’re in this dark moment because right-wing politicians and their allies have spent decades scheming to overrule a right many Americans considered sacrosanct. Adopting state laws to limit access to abortion care. Personhood rights for fertilized eggs. Threatening criminalization of in vitro fertilization. Bounties offered to doctors who provide abortion services. Folibuster abuse and the destruction of Congress. Advancing judicial nominees who claimed to be committed to protecting “settled law” while they winked at their Republican sponsors in the Senate. Two Supreme Court seats stolen.

For almost 50 years, right-wing extremists opposed the beliefs held by the overwhelming majority Americans. They doubled and tripled their efforts to create a future that women and doctors could face prison sentences for seeking or providing basic healthcare. When these extremists couldn’t impose their radical views through the legislative process, they stacked the courts. The Supreme Court has now overturned Roe, and Republicans will continue their assault upon civil rights.

Former Vice President Mike Pence called for a national ban on abortion in all 50 states; Mitch McConnell, the Senate minority leader, flat out stated that it’s a possibility. The logic presented by the majority of Dobbs seems contradictory to other precedents, raising alarming concerns that we may soon see an attack on privacy and equality in marriage.

In order to fix the damage Republicans have done to our system in their efforts to control women’s lives, we need broad democracy reform: changing the composition of the courts, reforming Senate rules like the filibuster, and even fixing the outdated Electoral College that allowed presidential candidates who lost the popular vote to take office and nominate five of the justices who agreed to end the right to an abortion.

We can’t undo in five months the damage it took Republicans five decades to accomplish, but we can immediately start repairing our democracy. The public is unanimously on our side. The Supreme Court’s decision is opposed by the overwhelming majority of Americans. Nearly two thirds of Americans believe abortion should be legal in all or most instances. More Americans are pro-choice than ever before in the past 25 years.

Let’s be clear: Roe may be gone, but the protections it once guaranteed are on the ballot. Kansas and Kentucky are attempting to remove state constitutional protections against abortion. Michigan and Vermont, on the other hand, are working towards statewide votes to establish constitutional protections for reproductive liberty. This decision is not only for those in states that allow safe legal abortions, but all Americans will be affected.

Now is the time for candidates to take a firm stand on reproductive rights.. Ask each senator candidate to agree to reform the filibuster rules so that the chamber can adopt federal legislation protecting the right of reproductive freedom. If we get the support of the voters, we can keep control of the House and increase our majority in Senate by at least 2 votes this November. We can pass Roe across the country as quickly as January.

Simply put, we need to restore democracy so that no radical minority can overpower the will and will of the people. This will be a difficult fight and the path to victory is not yet clear. But it’s a righteous fight that we must win — no matter how long it takes. We have no plans to return to an America without Roe. Not right now. Not ever.

Source: NY Times

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