Abortion advocates have expected the end of Roe for years: 'It has not gotten the priority that it should have'
- Pro-choice groups have prepared for the end of Roe v. Wade for years.
- A leaked Supreme Court draft decision portends the end of federal abortion protections.
A leaked draft of a Supreme Court opinion that would unequivocally abolish the constitutional right to an abortion in the US has prompted fear and outrage from Democrats and pro-choice advocates.
But the bombshell document has not drastically altered the long-term plans organizations at the forefront of the abortion movement such as Planned Parenthood and NARAL Pro-Choice America, who have been preparing for this scenario since the Trump presidency. Rather, the leak has confirmed their sense that the country is rapidly barreling towards a reality where millions of women will have no abortion access in their home states.
"We've anticipated this decision for several years," Alexis McGill Johnson, president and CEO of Planned Parenthood, told Insider during a media call on Tuesday.
If the Supreme Court issues a ruling as hostile to abortion rights as the draft opinion indicates, there's not much that abortion advocates can do in the near term to stop a wave of bans from going into effect across the country.
In states that would automatically ban abortion if Roe v. Wade falls, "It is not an exaggeration to say this will stop reproductive healthcare and abortion in its tracks," said Noreen Farrell, executive director of Equal Rights Advocates.
"The courts will no longer be a safe haven for abortion access," Farrell said. "What you will see from pro-choice activists is incredible drive and innovation for other strategies."
But the game plan for doing so was only just beginning to take shape.
Pivoting from abortion clinics to abortion funds
Should the Supreme Court ultimately issue a decision that overturns Roe v. Wade, a number of states have laws on the books that would automatically prohibit abortion within their borders. At the same time, Democratic-controlled states are rushing to expand accessto the procedure, as they anticipate a wave of patients from other states.
For years, abortion advocates have focused on keeping providers open in states hostile to abortion, and getting women to the limited facilities available in their state. Now, those women are faced with the prospect of having to travel hundreds, if not thousands of miles to obtain an abortion.
Major pro-choice groups repeatedly underscored the need to invest in abortion funds during a call with reporters on Tuesday. Abortion funds are groups that provide financial assistance — and often travel and logistical support — for patients seeking care. They will likely play a greater role in helping women schedule and finance abortions if the procedure becomes unavailable in multiple states.
"We will do whatever we need to do to make sure that folks get access to abortion care that they want and they need," said Oriaku Njoku, the co-founder and executive director of Access Reproductive Care (ARC)-Southeast. That included "providing abortion funding, and logistical support. And that is not going to change depending on what the laws are."
Abortion will be a midterms issue
Democrats had planned to make abortion a major issue before the draft opinion leaked. Now, they're seizing on the opportunity to galvanize their voters in what will likely be a tough election year.
Top Democrats like House Speaker Nancy Pelosi blasted out fundraising emails, and the Democratic National Committee texted its supporters soliciting donations.
The three major pro-choice political groups in the US — NARAL Pro-Choice America, EMILY's List, and Planned Parenthood Action Fund (the political arm of Planned Parenthood) — pledged on Monday that they were investing $150 million in midterms races in key battleground states like Georgia, Pennsylvania, and Nevada with the aim of electing pro-choice candidates to office up and down the ballot.
Former President Barack Obama called on Americans to "join with the activists who've been sounding the alarm on this issue for years — and act […] Vote alongside them on or before November 8 and in every other election."
Democrats are making the case that in order to protect abortion rights, voters should elect more of them to office and help them keep their majorities in the House and Senate. But there's limited action that Democrats can actually take in Congress right now.
At the federal level, legislation to protect abortion rights looks doomed upon arrival. With the filibuster in place, there's likely zero chance such a bill would be able to overcome a Republican Senate blockade, and make it to Biden's desk.
But real battles will happen in state legislatures
The real power to dictate abortion currently rests with state legislatures, and Democrats have historically underinvested in these races. Republicans now hold power over the governor's office and legislature in 23 states, while Democrats only hold these legislative trifectas in 14.
If the Supreme Court issues a decision similar to the draft leaked this week, the issue will be kicked back to states, making these races all the more important for Democrats.
"A lot of national organizations may have focused more on the federal fights instead of the state and local fights," said Atima Omara, a Democratic strategist who has worked with pro-choice groups.
Omara said that Democrats and pro-choice advocates needed to reframe their arguments to voters as an issue regarding their economic and physical freedom.
"There's definitely a sentiment that abortion has always been in the category of a social issue," said Omara. "Because of that it, has not gotten the priority that it should have."