Zcom_simple
?1295269164

February 2005

Volume , Number 0


Activism

There are no articles.

Commentary

There are no articles.

Culture

There are no articles.

Features

Philanthropy?
Harsha Walia


Special Report
keith harmon snow


Coalitions
Diane Shamis


Church & State
Don Monkerud


Factoid
Josh Leon


Fog Watch
Edward Herman


Black America
Max Gordon


Democracy Watch
Noam Chomsky


Conservative Watch
Bill Berkowitz


Reproductive Rights
Eleanor J. Bader


Zaps

There are no articles.

NOTE: Z Magazine subscribers and sustainers have access to all Z Magazine articles here and in the archive. The latest Z Magazine articles available to everyone are listed in the Free Articles box at the top of the table of contents, and are starred in the list below. Questions? e-mail Z Magazine Online.

What If Roe Fell?

Change Text Size a- | A+


T he scariest reading you’re likely to do this year won’t come from Stephen King. Instead, this season’s creepiest spine-tingler derives from policy analysts at the New York-based Center for Reproductive Rights. What if Roe Fell ? , a 132-page booklet released in late 2004, addresses the consequences of overturning Roe v. Wade and provides a state-by-state, territory- by-territory analysis of what would happen if the Supreme Court revokes the legal right to terminate unwanted pregnancies. 

According to the document, a decision to repeal Roe will most likely not make abortion illegal in the United States. Rather, such a decision will remove all federal protections for reproductive choice and will grant each state the authority to set its own abortion policy. This means that if a state is so inclined it will be able to ban abortions completely or limit access to cases of life endangerment, rape, or incest. The only states in which the right will be protected are those that have already passed legislation, separate and apart from federal dictates that grant abortion rights to residents. 

Seem impossible? While denial will probably edge its way into most of our psyches, the sad truth is that the composition of the Supreme Court has for several years been ripe for change. Justice Steven Breyer, the newest member of the bench, was appointed in 1994 and rumors about the impending retirement of William Rehnquist, John Paul Stevens, and Sandra Day O’Connor continue to surface. Should they go—and should Dubya appoint jurists who toe the line of Christian fundamentalism to replace them—today’s five to four pro-choice majority will shift and in most locales a state’s interest in protecting fetal life will trump feminist arguments about women’s rights, sexual autonomy, and reproductive control.

The Center’s investigators found just 20 states in which abortion is relatively safe from Court machinations: Alaska, California, Connecticut, Florida, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Jersey, New Mexico, New York, Oregon, Tennessee, Vermont, Washington, West Virginia, and Wyoming. 

The remaining 30 states—as well as the District of Columbia, Guam, and Puerto Rico—are poised to reevaluate their policies; 21 will likely restrict abortion access. That’s not all. Like a page from Ken Loach’s 2004 film, Vera Drake , the states of Alabama, Arizona, Louisiana, North Carolina, Oklahoma, and Rhode Island have punishments on the books and, in the event of Roe’s demise, will impose sentences ranging from 12 months in the county jail (Alabama) to 10 years of hard labor and a “fine of no less than $10,000 and not more than $100,000” (Louisiana) on anyone guilty of causing an abortion or aiding and abetting a woman who wishes to obtain one. 

While the report is stomach churning, it is meant as both a reference tool and an activist prod. As such, Center staffers remind readers that the Court has not yet acted and that there is a great deal of work that pro-choice activists can do to safeguard abortion availability. “In some states,” the authors write, “only defensive strategies are realistic; in others, advocates should consider an affirmative strategy to protect the right to choose abortion.” 

What if Roe Fell ? offers numerous suggestions, the strongest of which is to find sympathetic lawmakers and have them introduce legislation to protect abortion from federal erosion. A model Reproductive Privacy Act is provided as a guide to help anyone interested in writing a bill to keep abortion legal in their state. 

The booklet also advises activists to work on repealing long-forgotten abortion bans that remain on the books since these laws will be enforceable if the Court overturns the 1973 Roe decision. In addition, the report urges activists to lobby against any and all restrictions on access—from parental consent and notification laws to 24-hour waiting periods between requesting an abortion and having the surgery. 

Lastly, the report urges the pro-choice community to become pro-active and develop plans to deflect the impact of a possible abortion prohibition. “As history teaches, anti-choice legislators will be busy introducing and pushing for bans on abortion if they sense that Roe is in danger. Their efforts will become more frenzied if the composition of the U.S. Supreme Court changes and as controversial litigation makes its way up the Court.” Broadly inclusive coalitions, the authors write, need to be formed now so that strategies can be developed before—not after—the Court has acted. 

For its part, NARAL is gearing up for what communications director David Seldin calls “the mother of all confirmation battles,” following any new Supreme Court appointments. 

“The president is going to push as much and as hard as he thinks he’ll be able to get away with,” Seldin continues. “We will do our best to rally the support we know is there for Roe . We plan to keep ringing the alarm bells through our state affiliates and at the national level.”  


Eleanor Bader is the co-author of Targets of Hatred: Anti-Abortion Ter- rorism (St. Martin's Press, 2001).
Loading_border