By Elio Wilder (they/them)
The US supreme court officially overturned the Roe v Wade ruling last month, making abortion no longer a constitutional right for American residents. Though it had been feared for many years, and increasingly since the Trump presidency and draft legislation leak, it still came as a shock to many. Given that the original ruling was made in 1973, it is insane that the rights of women and AFAB people are regressing.
So what is the solution? The purpose of the US Supreme Court is to interpret the Constitution, which includes the Bill of Rights (“Amendments”), that all Americans are entitled to. The Court previously interpreted a section of Amendment 14 as including the right to abortion, and this is what has now been overturned. It’s important to note, that although Australia has no Bill of Rights in our Constitution, abortion is accessible and legislated by the State Government. Thus, there is ample evidence that reproductive healthcare can be accessible without it being protected as a Constitutional right.
Here are some things that could happen, or are already happening, to protect reproductive freedoms in the US without the need for Constitutional protection.
1. Vote
The most obvious, perhaps, is amending state legislation to make abortion more accessible. Unfortunately, however, in many US states we have seen the opposite. So the people making these laws need to change. Voters must rally for the midterm election later this year and the state elections throughout the year. A silver lining is that this ruling may be enough to push centralists to vote Democrat.
2. Employers to cover costs
We have also seen several large corporations pledge to pay for employees' travel and accommodation costs to access termination services in some situations. These include Disney, Netflix, Bank of America, Meta, and more. Many of these companies have also elected to fund aspects of gender-affirming care for trans people, which is another positive of the situation.
3. Abortion charities continue to operate
Although abortion was legal in all US states prior to this ruling, it was by no means accessible. Some states had extremely short gestational limits, very few abortion providers, and barriers, such as waiting periods. For this reason, charities funding travel and accommodation costs to access abortion services have existed for a long time. These charities have received a huge increase in donations since the draft ruling was leaked, and this is likely to continue. The National Network of Abortion Funds, which is an alliance of 97 organisations, received $3 million from 33,000 donations shortly after the ruling was announced. These organisations will continue to provide essential access to reproductive healthcare, pending legal advice.
4. Abortion pills
Many of the states that immediately banned abortion following the ruling stipulate that it is an offence to provide abortion services. This bans not only surgical abortions in the state, but also bars doctors from writing scripts for abortion pills. Mifepristone and misoprostol are commonly prescribed to induce a miscarriage and are approved for use up until 10 weeks of pregnancy in the US. However, the US states are powerless to stop overseas doctors from providing telehealth appointments to US patients then mailing them the prescribed pills. Aid Access is one such organisation that provides this service and will continue to do so. In April 2021, the FDA made the regulation that allows patients to receive medicated abortions via telehealth and postal prescriptions permanent. This overrides any state legislation that states these pills must be taken in the presence of a doctor. Although, it is unclear how the Department of Justice will enforce the prevention of state interference.
President Joe Biden also indicated an intent to preserve access to this medication in the US, but an exact plan has not been announced.
5. Stockpile the ‘morning-after pill’
When the draft legislation was leaked, many people took action immediately to purchase the ‘morning-after pill’ so it would always be accessible to them if needed. There are also fears that this medication, which does not induce abortion but rather prevents conception, may come under attack too. Ensuring this medication is widely available and affordable in the US states where abortion is banned or restricted, is crucial. Charities, such as The Contraceptive Access Fund, will continue to provide this care. Schools in the US have previously provided the ‘morning-after pill’ to students, and the continuance and expansion of this service will be an additional positive response to the situation. Although likely to be met with opposition by those who wish to police the bodies of AFAB people, free condoms are regularly provided by schools, and both serve the same purpose as contraception.
6. Increase in sterilsation procedures
Male allies are being urged to get a reversible vasectomy procedure to minimise the risk of unwanted pregnancy for their partner(s) if other birth control measures fail. Likewise, surgeons who support reproductive freedom should make procedures such as tubal ligation accessible to those who never intend to be pregnant. The Affordable Care Act means most insurances cover the entire cost of the procedure. Social media has allowed users to share information on doctors who perform sterilisations, which is particularly helpful for young people who often face bias when attempting to access this care.
7. Medicaid abortion travel fund
Disappointingly, President Biden has not taken aggressive action to support AFAB people in the situation. One thing Biden and the Federal Government could do is include the cost of travel and accommodation for those accessing inter-state abortion through Medicaid. Medicaid is the US National health insurance program for low-income earners. It covers nearly 1 in 5 Americans. Low-income earners are one of the groups most severely impacted by the ruling, and it is crucial that these people are supported financially to access termination services.
8. Establish abortion clinics on federal land
Senator Elizabeth Warren and Representative Alexandria Ocasio-Cortez urged President Biden to establish abortion clinics on Federal lands in states where bans have come in effect. In theory, places such as military bases could be used as a safe haven for reproductive healthcare, as the land is not subject to state law.
The ruling has been hugely detrimental to human rights in the US and sets a disturbing precedent for other rights to be stripped. Many states had “trigger laws” that immediately came into effect upon the announcement of the ruling, meaning people were immediately impacted, and those supporting reproductive freedom are now playing catch up. Abortion access has been dramatically impacted, disproportionately for the most vulnerable members of society, and will continue to be if drastic action is not taken immediately. However, it’s not all doom and gloom. Despite the initial blow to women’s and trans’ rights, with the implementation of the above, the people of the US will bounce back. This ruling may even be what it takes to push previous conservatives and centralists over the edge, leading to a significant swing at the upcoming polls. The electing of progressive politicians on a state level will not only allow for the righting of this wrong, but also further protections and progress for the rights and betterment of all. Right now is a fork in the roads—act now, prepare, prevent, and implement positive change. Or sit and wait for the domino effect of an unopposed attack on human rights at the highest level.
References
https://www.nytimes.com/2022/06/24/us/abortion-funds-donations-roe.html
https://www.vox.com/2022/6/27/23185624/biden-abortion-rights-executive-actions
https://www.vox.com/2022/6/27/23185624/biden-abortion-rights-executive-actions
https://www.docdroid.net/file/download/s3OwS8u/pro-choice-resource-masterpost-pdf.pdf