When the final decision in DobbsvJackson is issued, there will no longer be a federally guaranteed right to abortion in America for the first time in 50 years. What are the democratic dysfunctions that led to this pivotal point? And where do we go next?
. and the Brennan Center, along with NYU Law’s Birnbaum Women’s Leadership Network. It was held at NPR’s studio in New York City; you can watch the full recording Professor Melissa Murray on democracy and the rule of law
“Assaults on voting rights have paved the way to dismantle reproductive rights. So right now, in Texas, we have a law that is patently unconstitutional. Yes, everyone knows it is unconstitutional, but what people don’t think about and don’t talk about is that law does not get enacted by the Texas state legislature, unless that state is so gerrymandered that those who know it’s unconstitutional and those who would object to its unconstitutionality have no voice in the process.
“So that’s been the global trend, to liberalize abortion laws. Yet since Roe, here in the U.S., the direction has been to block access to abortion—first with the Hyde Amendment saying that poor women could not use Medicaid benefits to cover access to abortion. And then states layer on restrictions, making it really difficult to access.We see other authoritarian governments doing the same thing.
“When we only think about having the right to something, but not having access, then do we really have that right? And that’s what we see with Roe. We still have some states that only have one abortion clinic, like Mississippi, like Kentucky. Are we thinking about the fact that there’s a pay gap, low wages, folks not even getting what they need? So economic justice is an issue. Maternal mortality is an issue.
Abortion is just one piece of our reproductive decision making and lives. I am thinking about our ability to have the children that we want and the ways that we want to prevent our pregnancies, without shame and with dignity, to be able to parent those children that we have in healthy and safe environments.
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