What we must do to counter the Dobbs decision
KENNY STANCIL for Common Dreams
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| By Mike Luckovich |
The consequences of last month's 6-3 ruling in Dobbs v.
Jackson Women's Health Organization "have been immediate and
widespread," Rep. Pramila Jayapal (D-Wash.), chair of the CPC, said in
a statement.
"Abortion clinics have been forced to close, patients made
to cross state lines for care, and the health and safety of pregnant people
facing miscarriages or ectopic pregnancies has been threatened," Jayapal
continued.
"Millions across the country are facing fear and uncertainty,"
she added. "Access to abortion has reached crisis level—and it demands a
response from Congress and the Biden administration that meets this
moment."
The CPC's call to action came immediately after the House passed the
Women's Health Protection Act (WHPA) by a margin of 219-210. Rep. Henry
Cuellar—the right-wing Democrat whom House leaders helped win
Texas' May primary over pro-choice progressive challenger Jessica Cisneros—was
once again the only party member to vote against the
bill.
The WHPA—passed by
the House last fall but twice-defeated this
year in the Senate when Joe Manchin (D-W.Va.) joined Republicans to filibuster
it—would enshrine the right to abortion in federal law.
Also on July15, the House voted 223-205 to pass the Ensuring Access to Abortion Act (EAAA), which would enable pregnant people to cross state lines to obtain legal abortion care without fear of retribution from GOP lawmakers who are trying to ban interstate travel for the procedure. All but a few House Republicans opposed the bill—making clear, said Rep. Bill Pascrell Jr. (D-N.J.), that "they support forcing raped children to give birth."
Jayapal applauded the House passage of the WHPA and the EAAA.
She also commended President Joe Biden, Attorney General Merrick Garland, and
Health and Human Services Secretary Xavier Becerra "for the steps they
have taken thus far."
As the CPC noted:
The Department of Justice issued guidance that states cannot ban
medication abortion in contradiction to the [Food and Drug Administration's]
expert opinion, and designated a reproductive rights task force headed by
Assistant Attorney General [Vanita] Gupta. The Department of Health and Human
Services clarified that retail pharmacies cannot refuse patients reproductive
healthcare medications, is convening volunteer lawyers to provide legal
services to patients and providers seeking or performing abortion care, and
issued guidance to ensure no one experiencing pregnancy complications is turned
away from lifesaving emergency medical treatment.
"Now," said Jayapal, "the Progressive Caucus is
releasing an agenda for the work ahead."
Developed in consultation with movement organizers, the
Reproductive Freedom Action Agenda provides a roadmap in three policymaking
arenas.
First, said the CPC, there are 10 executive actions that the
Biden administration should take to protect abortion access:
1.
Declare a public
health emergency for reproductive healthcare access;
2.
Allow licensed health
providers to practice interstate telehealth for the prescription of medication
abortion;
3.
Ensure readiness of
providers and pharmacies to dispense medication abortion after FDA removal of
restrictions is finalized;
4.
Ensure no one is
denied contraception or other medications that are inaccurately portrayed as
abortion-inducing;
5.
Aid individuals
accessing abortion care across state lines by providing funds to pay for
transportation, lodging, child care, and other costs associated with travel;
6.
Explore the use of
federal property and resources to expand abortion access while ensuring the
safety of patients and providers;
7.
Assert the supremacy
of federal law where states try to restrict ability to travel for reproductive
care, access to medication abortion, and to criminalize pregnancy-related
complications such as miscarriage;
8.
Ensure undocumented
people and those assisting them can travel to access abortion care without risk
of detention and deportation;
9.
Protect the right to
abortion care without delay of those held in federal custody—no matter the
state—including by Immigration and Customs Enforcement, Customs and Border
Protection, Office of Refugee Resettlement, and the Bureau of Prisons; and
10.
Require the provision
of abortion care as a condition of participation for hospitals in Medicare.
Second, the CPC continued, there are seven legislative actions
that Congress should take to protect abortion access:
1.
End the Hyde Amendment
and bans on federal spending and insurance coverage for abortion care;
2.
Increase funding for
Title X clinics to expand access to family planning care;
3.
Protect the right to
interstate travel for abortion care;
4.
Protect the privacy
and security of personal reproductive health data;
5.
Support the safety and
security needs of reproductive healthcare providers and support staff;
6.
Lift the ban on the
use of military facilities and funding for abortion care; and
7.
Protect organizations
and individuals who help people afford and access abortions from civil or
criminal actions, including for out-of-state care.
Before the life-threatening Dobbs decision,
access to legal abortion care had since 1973 been protected by the 14th
Amendment's substantive due process clause.
Fears that additional constitutional rights could soon be
eradicated have only grown since Justice Clarence Thomas wrote in
his concurring opinion that "in future cases," the nation's chief
judicial body "should reconsider all of the court's substantive due
process precedents."
Thomas specifically named the landmark cases of Griswold
v. Connecticut, Lawrence v. Texas, and Obergefell v.
Hodges, which enshrined rights to contraception, same-sex intimacy, and
marriage equality in 1965, 2003, and 2015, respectively.
In light of this ominous threat, the CPC also outlined five
legislative actions that Congress should take to codify rights that have been
put in jeopardy by the Supreme Court's "extremist" majority:
1.
End or reform the
filibuster to ensure reproductive rights legislation becomes law;
2.
Enshrine the right to
contraception in federal law;
3.
Enshrine the right to
same-sex marriage in federal law;
4.
Codify the right to
privacy and same-sex intimacy in federal law; and
5.
Institute key ethics
reforms for the Supreme Court.
"These concrete steps constitute a whole-of-government
response to expand access to essential healthcare, operationalize the [Biden]
administration's key regulatory and other authorities, and protect the
fundamental rights threatened by the Dobbs opinions—including
reforming the filibuster, the only way to ensure we enshrine abortion and other
rights into law," said Jayapal.
"The fight to guarantee freedom, dignity, and human rights
for all will, and must, continue," she added.
In a Thursday letter to House Speaker Nancy Pelosi (D-Calif.)
and Senate Majority Leader Chuck Schumer (D-N.Y.), several CPC members led by
Reps. Alexandria Ocasio-Cortez (D-N.Y.) and Mondaire Jones (D-N.Y.), pointed out that
even if the WHPA were enacted, "we can expect that legal challenges will
eventually come before the Supreme Court again."
For that reason, the lawmakers called on Congress to exercise
its constitutional authority to prevent the high court's reactionary majority
from nullifying the WHPA, EAAA, and other bills that Democrats might eventually
pass to codify access to contraception, same-sex intimacy, and marriage
equality.
"As we Democrats plan for further legislative action to
protect and enshrine abortion rights, as well as the three other fundamental
rights called into question in Justice Thomas' concurring opinion in Dobbs,
we urge the exercise of Congress' constitutional powers under Article III to
include language that removes the Supreme Court's appellate jurisdiction over
such legislation," they wrote. "The American people want to see
Congress protect their fundamental rights, and the Constitution grants us the
powers to do so."