On Monday evening, Politico published what appears to be a draft opinion from the Supreme Court indicating that the body will overturn Roe v. Wade in its upcoming decision of Dobbs v. Jackson Women’s Health Organization. The decision, as it currently reads in the 98-page document, is a full-scale overhaul of abortion rights in America, undoing and lambasting both Roe v. Wade and Planned Parenthood v. Casey—the 1992 case that later upheld the landmark 1973 ruling.
Justice Samuel Alito wrote in the alleged opinion, “any such right must be ‘deeply rooted in this Nation’s history and tradition,’ and ‘implicit in the concept of ordered liberty.'” Immediately after, he wrote that abortion does not fall into this category.
Leaked Supreme Court opinions are exceptionally rare, and while the final iteration is expected to be announced later this spring or early this summer, the apparent result isn’t entirely surprising. Trump was allowed to appoint three new justices during his tenure, reshaping the court for a 6–3 split as it pertains to more conservatively leaning justices versus liberally leaning appointees. Further, at least two of those justices (Brett Kavanaugh and Amy Coney Barrett) have indicated that Roe v. Wade has been on their radars for some time.
What is noteworthy, however, in the alleged draft is the court’s reasoning. Though Alito affirmed that the reasoning is specifically for abortion rights, it’s hard to imagine it not being leveraged as precedent in the future for crusades against other “new-age” rights.
What the decision would mean is that abortion would again become a states’ rights issue, putting abortion access at risk for a large percentage of the country. According to the Center for Reproductive Rights, 29 states and five territories would be categorized as “not protected” or “hostile.” Not protected would indicate that while accessible, the right to an abortion is not protected by state law. The majority of those states and territories fall into the “hostile” category, which means that those states would likely prohibit abortion almost immediately.
Of the hostile states mentioned above, 13 have trigger bans, which means they would immediately outlaw abortion, reversing past bans with little to no state action, as soon as the decision is overturned. Also worth noting: The majority of those hostile states are in the South and Midwest, restricting access for what would likely be hundreds of miles.
There are several ways to help, but the most beneficial in this moment is through donating to an abortion fund. These funds not only help cover medical costs, but also transportation and travel costs for those seeking out abortion access. Funds to support are listed below, by state, in alphabetical order. We have selected the 26 states highlighted as “most likely” to enact a ban, per the Guttmacher Institute.
Yellowhammer Abortion Fund
Abortion Fund of Arizona
Arkansas Abortion Support Network
Women’s Emergency Network
Broward Women’s Emergency Fund
Sister Song Birth Justice Care Fund
Northwest Abortion Access Fund
All-Options Abortion Fund
Iowa Abortion Access Fund
Kentucky Health Justice Network
Kentucky Reproductive Freedom Fund
New Orleans Abortion Fund
Fountain Street Church Choice Fund
Reclaim Michigan WIN Fund
Mississippi Reproductive Freedom Fund
Missouri Abortion Fund
Susan Wicklund Fund
Montana Human Rights Network
Abortion Access Fund
North Dakota Abortion Access Fund
Preterm Access Fund
Women Have Options — Ohio
South Dakota Access for Every Woman
Abortion Care for Tennessee
Mountain Access Brigade
Fund Texas Choice
Texas Equal Access Fund
The Bridge Collective
Jane’s Due Process
Utah Reproductive Freedom Fund
West Virginia FREE Choice Fund
Holler Health Justice
Women’s Medical Fund
Wisconsin Justice Fund
From: Esquire US
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