The best way to protect abortion rights? Finalize the Equal Rights Amendment

BY KATE KELLY, Los Angeles Times
MAY 23, 2022

When Roe vs. Wade was decided in 1973, it was rooted in rights that flow from privacy — not equality. As the country has now seen in the leaked Supreme Court draft ruling, that right to privacy is about to be demolished.

Justice Samuel A. Alito Jr. bemoans in the draft opinion that Roe “was remarkably loose in its treatment of the constitutional text,” basing the right to abortion on the right to privacy when neither is “mentioned” in the Constitution. While we can’t change the composition of the court poised to overturn Roe, we can change the text they are charged with interpreting. It’s time to finalize the Equal Rights Amendment and enshrine gender equality.

Continued: https://www.latimes.com/opinion/story/2022-05-23/roe-abortion-equal-rights-amendment


America Almost Took a Different Path Toward Abortion Rights

Roe v. Wade was never expected to be the case that made history.

By Emily Bazelon
May 20, 2022

For three days in January 1970, they filled the 13th floor of the federal courthouse in Manhattan, women of all ages crowded into a conference room, sitting on the floor, spilling into the hallway. Some brought friends or husbands. One nursed a baby. Another was a painter who also taught elementary school. A third had gone to Catholic school. They’d come to give testimony in the case of Abramowicz v. Lefkowitz, the first in the country to challenge a state’s strict abortion law on behalf of women.

The witnesses in the courthouse were among 314 people, primarily women, brought together by a small team of lawyers, led by Florynce Kennedy and Nancy Stearns, to set up a legal argument no one had made before: that a woman’s right to an abortion was rooted in the Constitution’s promises of liberty and equal protection. New York permitted abortion only to save a woman’s life. Kennedy and Stearns wanted the court to understand how risking an illegal procedure or carrying a forced pregnancy could constrict women’s lives in ways that men did not experience.

https://www.nytimes.com/2022/05/20/magazine/roe-v-wade-abortion-rights.html


Physicians Have Abortions Too: Maintaining Access to Abortion Supports Women’s Careers

Abortion is personal for physicians and healthcare workers, not just professional. We must help protect abortion access.

4/18/2022
by ARGHAVAN SALLES, MORGAN S. LEVY and VINEET ARORA

Being alive in 2022 means facing never-ending attacks on human rights. With the most conservative Supreme Court since the 1930s, there now seems to be little standing between those of us with a cervix and the autonomy over our own bodies.

When Amy Coney Barrett was confirmed to the Supreme Court in 2020, many believed it would only be a matter of time before the precedent set by Roe v. Wade, securing the right to abortion, would be overturned. According to the Guttmacher Institute, in 2021, 19 states enacted 108 abortion restrictions, more than in any year since 1973. Prior to the end of 2021, the Supreme Court heard arguments related to two such bills: Senate Bill 8 (S.B. 8) in Texas and Dobbs vs. Jackson Women’s Health in Mississippi. The verdict on Dobbs is expected to be delivered this summer.

Continued: https://msmagazine.com/2022/04/18/abortion-doctors-physicians-career-roe-v-wade/


If Roe v. Wade Is Overturned, What’s Next?

After building toward such a moment for half a century, pro-life legal efforts aren’t likely to stop there.

By Jeannie Suk Gersen, The New Yorker
April 17, 2022

In 2003, when the Supreme Court held, in Lawrence v. Texas, that criminalizing gay sex was unconstitutional, it insisted that the decision had nothing to do with marriage equality. In a scathing dissent, Justice Antonin Scalia wrote, “Do not believe it.” Then, in 2013, when the Court struck down the federal Defense of Marriage Act’s definition of marriage as being between a man and a woman, emphasizing the tradition of letting the states define marriage, Scalia issued another warning, saying that “no one should be fooled” into thinking that the Court would leave states free to exclude gay couples from that definition. He was finally proved right two years later, when the reasoning on dignity and equality developed in those earlier rulings led to the Court’s holding that the Constitution requires all states to recognize same-sex marriage.

Continued: https://www.newyorker.com/magazine/2022/04/25/if-roe-v-wade-is-overturned-whats-next


USA – Abortion opponents are gunning for contraception, too

Efforts to roll back abortion and contraception access aim to control women’s sexuality

By Anya Jabour, Washington Post
March 25, 2022

Last weekend, Sen. Marsha Blackburn (R-Tenn.) released a video criticizing Judge Ketanji Brown Jackson, President Biden’s Supreme Court nominee, and denouncing what Blackburn called the “constitutionally unsound” ruling in Griswold v. Connecticut. In that 1965 case, the Supreme Court struck down a state law restricting married couples’ access to birth control on the basis that such laws infringed upon Americans’ right to privacy. The right to privacy established in this case subsequently informed the 1972 decision in Eisenstadt v. Baird, which extended privacy rights and contraceptive access to single women, and the 1973 decision in Roe v. Wade, which declared access to safe and legal abortions a fundamental right protected by the U.S. Constitution.

Now, these landmark cases face political opposition and legal challenges.

Continued: (unblocked link) https://wapo.st/3IHR7EA


Republicans won’t be satisfied with overturning Roe

Ketanji Brown Jackson’s hearing offered a glimpse of upcoming culture war fights at the court

By Melissa Murray
March 25, 2022

For more than two decades, confirmation hearings for Supreme Court justices have revolved around a single question: whether the nominee would uphold or overrule Roe v. Wade, the landmark 1973 decision that recognized nationally a woman’s right to choose an abortion. As far back as the ill-fated confirmation hearings for Robert Bork in 1987, abortion has always been the elephant in the room, prompting thinly veiled questions about fidelity to precedent and “unenumerated rights” — rights not explicitly mentioned in the Constitution.

With this in mind, the hearings for Judge Ketanji Brown Jackson were unlike those that came before. Not only is Jackson the first Black woman to be nominated to the high court, but she is also the first nominee to be vetted in a soon-to-be post-Roe landscape.

Continued: https://www.washingtonpost.com/outlook/2022/03/25/ketanji-brown-jackson-roe/


Roe Is Dead. Long Live Roe?

The first state constitutional protection of reproductive rights hints at the contradictions and fears of a divided movement.

Judith Levine
March 14 2022

IF THE SUPREME COURT overturns Roe v. Wade, 26 states are “certain or likely to ban abortion,” according to the Guttmacher Institute. In December, the court heard arguments in Dobbs v. Jackson Women’s Health Organization, addressing Mississippi’s Gestational Age Act banning abortion after 15 weeks’ pregnancy. The law is a deliberate violation of Roe, the 1973 ruling legalizing abortion. Most observers expect the conservative majority to rule in Mississippi’s favor. In that case abortion law would revert to the states, where in vast red swaths of this nation it has been so slashed and shredded that it’s already practically confetti.

Continued: https://theintercept.com/2022/03/14/abortion-roe-wade-vermont-human-right/


Anticipated abolition of Roe v. Wade after 49 years takes away freedom and health for many American women

Boulder Daily Camera
January 22, 2022
By Warren M. Hern

One of the great legal landmarks in American history, and one of the most important landmarks in the history of women, is one year short of its 50th anniversary.  The Supreme Court handed down its Roe v. Wade decision on Jan. 22, 1973, and it is very doubtful that it will reach that 50th anniversary.  With its anticipated abolition by the Court goes freedom and health for many American women.

The Supreme Court is now a partisan tool of the Republican Party and its partner in gaining overwhelming, unassailable political power.  We are headed for permanent minority rule by a white supremacist, misogynistic, theocratic minority that opposes basic personal freedom, secular society, freedom of the press, scientific knowledge, social justice, civil rights, voting rights, democracy itself, and thought.

Continued: https://www.dailycamera.com/2022/01/22/warren-m-hern/


It’s the 100th anniversary of the first conference on birth control. Here’s a look at contraception’s lesser-known legacy.

Hannah Good, The Lily
November 6, 2021

One hundred years ago, a group of prominent doctors, social workers, economists and advocates convened at what was then called the Hotel Plaza in New York City for a first of its kind conference. Their aim was to explore the benefits and legality of a technology that was simultaneously novel and impossibly ancient: birth control.

“Our definite aim is to repeal the laws so that the medical profession may give women at their request knowledge to prevent conception,” organizer Margaret Sanger said in her opening speech at the conference. “We believe that with the assistance of the intelligent members of the community we can bring this about in a very short time, but we need your help.”

Continued: https://www.thelily.com/its-the-100th-anniversary-of-the-first-conference-on-birth-control-heres-a-look-at-contraceptions-lesser-known-legacy/


Anti-Choicers Fail to See That Overturning “Roe” Will Impact Their Own Rights

Kia Guarino, Truthout
August 29, 2021

Roe v. Wade is a lightning rod in the U.S. — but the irony is that it upholds several of our country’s oft-proclaimed core values. While the landmark SCOTUS case is frequently cited as the legalization of abortion, the case actually deliberates the concept of personal autonomy and liberty.

Specifically, Roe v. Wade articulates how states can regulate abortion, upholds the right to privacy in specific personal decisions and reiterates that it is not the state’s job to uphold a specific ideology. As we reckon with the possibility of Roe v. Wade being overturned in June 2022, every single person should consider the precedent that this could set. By dismantling the landmark case that protects an individual’s right to private decision-making about their body, conservatives are opening the door to the possibility of more state-level regulation of private decisions.

Continued: https://truthout.org/articles/anti-choicers-fail-to-see-that-overturning-roe-will-impact-their-own-rights/