On this special edition of the podcast, we respond to the release of the draft decision that suggests the Supreme Court is poised to overturn Roe v. Wade, removing the federal constitutional protection to choose an abortion. While Roe and the fundamental right to reproductive autonomy remains as we speak, nonprofits across the country are poised to act, should this draft become reality. Today we’ll cover just some of the things you and your organization can do.
Our Lawyers for This Episode:
Leslie Barnes Tim Mooney Quyen Tu
Quick Overview
- The Dobbs opinion is only a draft – it is not law now. Roe is.
- People who seek an abortion now have a fundamental constitutional right to those medical services.
- That said, should this draft become the majority opinion, Roe will be overturned ending federal protections, returning the question to the states.
- Many states have ghost bans on the books, others have trigger laws that will end abortion rights when Roe is overturned (or the decision is issued). Other states have constitutional or other legal protections for the right to reproductive autonomy.
- It’s likely that state courts and legislatures will become a major focus.
- There are efforts to legalize abortion and ban it nationally in Congress.
- Some states are looking to do much more than ban abortion. The draft is breathtaking in its scope, putting marriage equality, the right to contraception, and much more at risk of losing protection under the US Constitution.
What Nonprofits Can Do
- Organize and protest
- Provide services to people seeking reproductive healthcare
- Lobby Congress to pass the Women’s Health Protection Act
- Lobby your state legislature to protect the right to choose
- Consider ballot measure options
- Accountability advocacy
- Support litigation to block bans
- Elections – 501(c)(4)s can make this an issue in their support/opposition of candidates
- Nonpartisan voter education – 501(c)(3)s need to tread carefully as we get closer to primaries and the general election. Reproductive health advocacy can continue, but be mindful that it cannot look like support or opposition to candidates or parties
- Individuals – you have more flexibility in what you can do. Protesting, organizing, donating, volunteering, voting for the candidates of your choice and more.
Resources:
- Reproductive Rights, Health, and Justice Resource Guide
- 5 Ways Nonprofits Can Respond to Dobbs v. JWHO
- Bolder Advocacy’s TA hotline: online form or 866-NP-LOBBY
- Email us at advocacy@afj.org