Today we commemorate the 47th
anniversary of Roe v. Wade, the
landmark Supreme Court case that recognized a constitutional right to abortion.
In the nearly five decades since, the decision has weathered numerous storms
and faced plenty of erosion, leaving too many without meaningful access to
abortion care. But 2020 could be its most consequential year yet.
This spring, the Supreme Court will hear
arguments in June Medical
Services v. Gee and could uphold state abortion restrictions
identical to ones it struck
down only four years ago, thereby
allowing states to continue shutting down abortion clinics with no medical
justification. Unsatisfied, 207 abortion opponents in Congress have asked
the Court to overturn Roe entirely
and pave the way for states to ban abortion outright.
But while this high-stakes showdown plays
out at the Supreme Court, we cannot take our eyes off of the states. In 2019, seven states throughout the South and Midwest
tried to ban abortion (all have been blocked
thus far) while seven other states passed
eight affirmative measures to protect and expand access to
abortion. This year will include new threats, as well as new opportunities to
build on recent victories.
The attacks on abortion are mounting
quickly. Already in 2020, bills that would ban abortion from the earliest days
of pregnancy — like those passed in Georgia and Alabama last year — have been
introduced in 13 states, with more likely to be filed in the coming days and
weeks. Not all will advance, but there is a genuine risk that at least five
more abortion bans could be enacted this year.
Less aggressive but equally harmful and
extreme measures are also being considered: a Florida bill that would force
young people to obtain parental consent for an abortion, which would increase risks to vulnerable youth; bans on
the standard of care for abortion after 14 weeks in Michigan and Nebraska; and
an Ohio measure that promotes the dangerous and unproven theory that an abortion
with pills can be “reversed.” Additionally, abortion opponents are taking steps
to eliminate abortion protections or pass new restrictions via ballot measures
in Colorado, Kansas, Kentucky, Louisiana, and elsewhere.
But it’s not all bad news. Many states
are fighting to protect and expand reproductive rights. Inspired by the bold
actions of Illinois, Maine, New York, and others, more states are gearing up to
ensure access to abortion no matter what happens at the Supreme Court.
Massachusetts is working to pass the ROE
Act, which would, among other things, improve youth access to
abortion and ensure coverage for abortion regardless of income or immigration
status. In the wake of an historic election in Virginia, legislators are lining
up to show their support with a bevy of proactive bills. And New Jersey Gov.
Phil Murphy recently called for efforts to codify reproductive rights in state law.
The reality is, however, that we will
never break free from the relentless cycle of harmful state laws and court
battles without federal action by Congress — which is why we are joining calls
for Congress to pass the Women’s Health Protection Act. Already
supported by more than 200 co-sponsors in the House and 42 in the Senate, WHPA
would prohibit states from shutting down abortion clinics and banning abortion
outright. A nationwide safeguard against the breathtaking scope of
medically-unnecessary abortion restrictions states have passed to delay and
obstruct access to care would be a critical step toward making the right to abortion a reality for all
people, no matter where they live.
But it’s not enough to keep clinic doors
open. We must also ensure that people can afford to access the care they need
by working to eliminate coverage bans like the Hyde Amendment that for far too
long have pushed care out of reach for low-income people.
Recent polling shows that a majority of voters
support coverage for abortion for people enrolled in Medicaid — and support is
steadily building in Congress for the Equal Access to Abortion Coverage in Health Insurance
(EACH Woman) Act, a bill to end restrictions on abortion coverage in
government insurance programs and stop political interference with private
insurance coverage of abortion. Presidential candidates have likewise committed
to ending the Hyde Amendment in response to sustained pressure from dedicated activists, including ACLU volunteers
working through our Rights For All campaign.
The Roe
anniversary is an important milestone, but we can’t ignore the fact that
continued attacks on abortion rights still leave countless people without
adequate protections. Whatever twists and turns we may encounter in the coming
year, the ACLU will keep fighting to fulfill Roe’s promise.