When the Supreme Court overturned
Section Five of the Voting Rights Act, it struck a blow to voting
rights. No longer did states with a history of discrimination have to
submit their plans to make electoral changes to the department of
Justice. Instead, voters and advocacy organizations that experienced
limitations of their rights had to go to court to prove that
discrimination. Though this placed a burden on voting rights
advocates, and litigators, the Transformative Justice Coalition’s,
Barbara Arnwine, has gone from state to state fighting unequal,
discriminatory voting laws and voter suppression. TJC first produced
its Map of Shame in 2016, focusing on ways states change voting laws
to keep voter turnout down. The 45th President’s narrow victory
over Hilary Rodham Clinton was partly a function of low voter turnout
and a flawed Clinton campaign, and it was also a function of voter
suppression.
Voting
rights activists and volunteers ensured President Biden’s
victory in 2020, and the result has been a more aggressive attempt to
curtail voting rights. In Georgia, it is even illegal to offer a
bottle of water to someone standing in line for hours on a hot day!
The effects of these curtailed rights will be seen in the 2022
midterm and 2024 Presidential elections unless people push back with
the same intensity as they did in 2020.
Just
as our voting rights are disappearing, so also are women’s
rights to comprehensive health care. Someone leaked a draft opinion
in Dobbs v. Jackson Women’s Health Organization. In 2018
Mississippi passed the Gestational Age Act, which banned abortion
after 15 weeks. The Jackson Women’s Health Organization, the
only licensed abortion clinic in Mississippi, filed a lawsuit in
federal court and requested a temporary restraining order to prevent
lawmakers from enforcing the law. The restraining order was granted,
so the State Health Officer, Thomas Dobbs, took the case to the
Supreme Court. The Court is likely to overturn Roe v. Wade and decide
that Mississippi’s abortion restriction is constitutional.
The
court wants to go even further than that. In the leaked opinion,
Justice Alito wrote, “We hold that Roe and Casey must be
overruled.” He and four other conservative justices - Clarence
Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett - have
been planning this moment since the 45th President appointed them to
the court. Arguably, Gorsuch and Kavanaugh could be charged with
perjury and tried for lying under oath to the United States Senate as
both of them acknowledged the precedent of Roe and pledged to honor
its precedent. In reacting to the May 1 leak, Chief Justice John
Roberts described it as a “singular and egregious breach of
trust that is an affront to the Court and the community of public
servants who work here.” The first breach of trust came when
Gorsuch and Kavanaugh lied under oath. It is profoundly hypocritical
for Roberts to speak of trust when defending liars.
Poor
women and women of color are most likely to be impacted if Roe is
overturned. Women outside Jackson now have to drive hundreds of miles
to get to Mississippi’s only abortion provider. In addition to
the fee for abortion services, women may need to finance
transportation, an overnight stay, and more. Wealthy women will get
what they want, no matter what the law. Before Roe, these women went
to Mexico or found their way around the law. Poor women have no such
options.
Restricting
the right to comprehensive health care also constrains women’s
economic self-sufficiency. Research shows that the availability of
contraception increases women’s labor force participation,
which is good for the economy. Now some conservatives are considering
restricting access to contraception. But contraception makes women’s
investment in education and employment more likely. Emboldened by the
many ways legislators have chipped away rights guaranteed by Roe and
Casey, legislators in Mississippi are proposing laws to declare that
life begins at conception, outlawing abortions after “life.”
In Louisiana, legislators are proposing laws to define abortion as
murder. All of this anti-abortion legislation is an attack on women’s
rights.
Most
Americans support abortion rights, in many cases with some
restrictions. The Supreme Court is tone-deaf to the people’s
sentiments and, more importantly, to 50-year precedents. Roe was
decided based on privacy rights, which keep the courts out of the
bedroom and away from people’s health status. Reversing Roe
removes privacy rights, not just the right to choose. What’s
next? Marriage equality? Further erosion of voting rights?
Interracial marriage? What else?
The
difference between Democrats and Republicans is that Democrats plan
by Presidential cycle, while Republicans plan for decades. This
triumph of conservatism has been planned since Ronald Reagan was
elected President in 1980. Forty years later, hard-fought gains are
being lost, and our rights are disappearing. We are moving back to
the 1950s or, given our economic situation, perhaps the 1930s, moving
backwards as surely as we did when parts of the Voting Rights Act
were overturned. People are taking their anger and disappointment to
the streets, but maybe a decade too late.
|
|