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A Woman's Right To Have An Abortion Could Soon Be In Jeopardy

Politics

Imagine being a woman and being told that your feminine products are not exempt from taxation because it is considered a "luxury."


Imagine being a woman who is denied public office because her "emotions" will get in the way of tough decisions.

Imagine being a woman who is neglected being given the same pay as her male co-worker, despite working the same job.

Imagine being a woman and no longer having the power to say what happens to your body.

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For 125.9 million adult women in the United States, including myself, those scenarios do not have to be imagined, because it is an unfortunate part of our reality. And truth be told, because of this, being a woman is exhausting.

Every day, we must fight for to be free from sexual violence, to hold public office, to have equal rights to work, to fair wages or equal pay. And now, we must fight for yet another thing. Something that we had already won the right to have: reproductive rights.

45 years ago, in 1973, the U.S. Supreme Court recognized a woman's constitutional right to an abortion in the decision of Roe v. Wade. The momentous ruling legalized abortion nationwide but has received scrutiny ever since.

Recently, the decision of Roe v. Wade has been placed in greater jeopardy, due to the nomination of U.S. Court of Appeal for the District of Columbia, Judge Brett Kavanaugh.

What is Roe v. Wade?

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The case of Roe v. Wade was filed by Norma McCorvey, who, at the time, went by the anonymous pseudonym "Jane Roe." In 1969, McCorvey, who lived in Texas, was looking to terminate an unwanted pregnancy. But she couldn't due to the strict anti-abortion laws in Texas and nearly every state at the time.

The laws proclaimed abortion as a crime unless a woman's life was at risk. Nevertheless, seeking to safely and legitimately abort her pregnancy, McCorvey sued Henry Wade, the Dallas county district attorney, in 1970. The case later traveled to the Supreme Court.

After three years, on January 22, 1973, the Supreme Court announced the defining ruling, with a 7-2 decision that a woman's right to make her own medical decision, including the choice to have an abortion, is protected under the 14th Amendment.

Why Kavanaugh's Nomination is Significant

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The Roe v. Wade decision has never been overturned, but in the years since, state laws have been passed to restrict access to abortion. Nonetheless, with Judge Kavanaugh's nomination, women might be facing the greatest risk to the future of reproductive rights in the United States by placing the power of abortion legality into the hands of the states.

In 2016, during the presidential election, President Trump promised that he would only appoint Supreme Court Justices who would overturn Roe v. Wade, and with the nomination of Judge Kavanaugh, it can only be assumed that Trump made good on that promise.

Reversing the historical case would not automatically make abortion illegal across the country. Instead, it would return the decision about abortion legality to the states, where a patchwork of laws already in place render abortion available, largely depending on individual states political leanings.

As the Washington Post, Guttmacher, and The Center of Reproductive Rights report, some states have pre-Roe abortion laws on the books, while others have passed laws intended to take effect if Roe is ever overturned. But other states have passed laws specifically to keep abortion legal in that case. So, the legality of abortion would depend on which states you live in:

States with "trigger laws" that would automatically ban some or all abortions:

Louisiana, Mississippi, North Dakota, and South Dakota

States with pre-Roe abortion bans still on the books:

Alabama, Arizona, Arkansas, Massachusetts, Michigan, Mississippi, New Mexico, Oklahoma, Wisconsin, and West Virginia.

States with laws that describe an intention to pass anti-abortion laws:

Arkansas, Kansas, Kentucky, Louisiana, Missouri, North Dakota, and Ohio.

States with laws that explicitly protect abortion:

California, Connecticut, Delaware, Hawaii, Maine, Maryland, Nevada, and Washington.

Check out the Center of Reproductive Rights Website to find out more.

How Can You Help Keep Abortion Safe?

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VOTE

Seriously, your voice is important and your opinion matters. Vote in the primaries and midterms, In local elections and in 2020. Vote early and often, and vote for pro-choice candidates.

Register to vote online

Election Days

Call Your Representatives

The damage to abortion access is already being done at the state level. So, it's about time you call your representatives and tell them what you really think about their policies.

Donate to Planned Parenthood and Other Groups

If you can, donating to Planned Parenthood helps the organization fight laws and policies that assure women's access to the reproductive health they require. You can also donate at the National Network of Abortion Funds, which help women who can't afford the procedure by paying for abortions and helping with services with transportation, translation, childcare, and a place to stay.

Become More Knowledgeable on Abortion

Abortion usually has a negative stigma due to miscommunications. Become informed and talk to your family member and friends.

Featured image by Getty Images

ACLU By ACLUSponsored

Over the past four years, we grew accustomed to a regular barrage of blatant, segregationist-style racism from the White House. Donald Trump tweeted that “the Squad," four Democratic Congresswomen who are Black, Latinx, and South Asian, should “go back" to the “corrupt" countries they came from; that same year, he called Elizabeth Warren “Pocahontas," mocking her belief that she might be descended from Native American ancestors.

But as outrageous as the racist comments Trump regularly spewed were, the racially unjust governmental actions his administration took and, in the case of COVID-19, didn't take, impacted millions more — especially Black and Brown people.

To begin to heal and move toward real racial justice, we must address not only the harms of the past four years, but also the harms tracing back to this country's origins. Racism has played an active role in the creation of our systems of education, health care, ownership, and employment, and virtually every other facet of life since this nation's founding.

Our history has shown us that it's not enough to take racist policies off the books if we are going to achieve true justice. Those past policies have structured our society and created deeply-rooted patterns and practices that can only be disrupted and reformed with new policies of similar strength and efficacy. In short, a systemic problem requires a systemic solution. To combat systemic racism, we must pursue systemic equality.

What is Systemic Racism?

A system is a collection of elements that are organized for a common purpose. Racism in America is a system that combines economic, political, and social components. That system specifically disempowers and disenfranchises Black people, while maintaining and expanding implicit and explicit advantages for white people, leading to better opportunities in jobs, education, and housing, and discrimination in the criminal legal system. For example, the country's voting systems empower white voters at the expense of voters of color, resulting in an unequal system of governance in which those communities have little voice and representation, even in policies that directly impact them.

Systemic Equality is a Systemic Solution

In the years ahead, the ACLU will pursue administrative and legislative campaigns targeting the Biden-Harris administration and Congress. We will leverage legal advocacy to dismantle systemic barriers, and will work with our affiliates to change policies nearer to the communities most harmed by these legacies. The goal is to build a nation where every person can achieve their highest potential, unhampered by structural and institutional racism.

To begin, in 2021, we believe the Biden administration and Congress should take the following crucial steps to advance systemic equality:

Voting Rights

The administration must issue an executive order creating a Justice Department lead staff position on voting rights violations in every U.S. Attorney office. We are seeing a flood of unlawful restrictions on voting across the country, and at every level of state and local government. This nationwide problem requires nationwide investigatory and enforcement resources. Even if it requires new training and approval protocols, a new voting rights enforcement program with the participation of all 93 U.S. Attorney offices is the best way to help ensure nationwide enforcement of voting rights laws.

These assistant U.S. attorneys should begin by ensuring that every American in the custody of the Bureau of Prisons who is eligible to vote can vote, and monitor the Census and redistricting process to fight the dilution of voting power in communities of color.

We are also calling on Congress to pass the John Lewis Voting Rights Advancement Act to finally create a fair and equal national voting system, the cause for which John Lewis devoted his life.

Student Debt

Black borrowers pay more than other students for the same degrees, and graduate with an average of $7,400 more in debt than their white peers. In the years following graduation, the debt gap more than triples. Nearly half of Black borrowers will default within 12 years. In other words, for Black Americans, the American dream costs more. Last week, Majority Leader Chuck Schumer and Sen. Elizabeth Warren, along with House Reps. Ayanna Pressley, Maxine Waters, and others, called on President Biden to cancel up to $50,000 in federal student loan debt per borrower.

We couldn't agree more. By forgiving $50,000 of student debt, President Biden can unleash pent up economic potential in Black communities, while relieving them of a burden that forestalls so many hopes and dreams. Black women in particular will benefit from this executive action, as they are proportionately the most indebted group of all Americans.

Postal Banking

In both low and high income majority-Black communities, traditional bank branches are 50 percent more likely to close than in white communities. The result is that nearly 50 percent of Black Americans are unbanked or underbanked, and many pay more than $2,000 in fees associated with subprime financial institutions. Over their lifetime, those fees can add up to as much as two years of annual income for the average Black family.

The U.S. Postal Service can and should meet this crisis by providing competitive, low-cost financial services to help advance economic equality. We call on President Biden to appoint new members to the Postal Board of Governors so that the Post Office can do the work of providing essential services to every American.

Fair Housing

Across the country, millions of people are living in communities of concentrated poverty, including 26 percent of all Black children. The Biden administration should again implement the 2015 Affirmatively Furthering Fair Housing rule, which required localities that receive federal funds for housing to investigate and address barriers to fair housing and patterns or practices that promote bias. In 1980, the average Black person lived in a neighborhood that was 62 percent Black and 31 percent white. By 2010, the average Black person's neighborhood was 48 percent Black and 34 percent white. Reinstating the Obama-era Fair Housing Rule will combat this ongoing segregation and set us on a path to true integration.

Congress should also pass the American Housing and Economic Mobility Act, or a similar measure, to finally redress the legacy of redlining and break down the walls of segregation once and for all.

Broadband Access

To realize broadband's potential to benefit our democracy and connect us to one another, all people in the United States must have equal access and broadband must be made affordable for the most vulnerable. Yet today, 15 percent of American households with school-age children do not have subscriptions to any form of broadband, including one-quarter of Black households (an additional 23 percent of African Americans are “smartphone-only" internet users, meaning they lack traditional home broadband service but do own a smartphone, which is insufficient to attend class, do homework, or apply for a job). The Biden administration, Federal Communications Commission, and Congress must develop and implement plans to increase funding for broadband to expand universal access.

Enhanced, Refundable Child Tax Credits

The United States faces a crisis of child poverty. Seventeen percent of all American children are impoverished — a rate higher than not just peer nations like Canada and the U.K., but Mexico and Russia as well. Currently, more than 50 percent of Black and Latinx children in the U.S. do not qualify for the full benefit, compared to 23 percent of white children, and nearly one in five Black children do not receive any credit at all.

To combat this crisis, President Biden and Congress should enhance the child tax credit and make it fully refundable. If we enhance the child tax credit, we can cut child poverty by 40 percent and instantly lift over 50 percent of Black children out of poverty.

Reparations

We cannot repair harms that we have not fully diagnosed. We must commit to a thorough examination of the impact of the legacy of chattel slavery on racial inequality today. In 2021, Congress must pass H.R. 40, which would establish a commission to study reparations and make recommendations for Black Americans.

The Long View

For the past century, the ACLU has fought for racial justice in legislatures and in courts, including through several landmark Supreme Court cases. While the court has not always ruled in favor of racial justice, incremental wins throughout history have helped to chip away at different forms of racism such as school segregation ( Brown v. Board), racial bias in the criminal legal system (Powell v. Alabama, i.e. the Scottsboro Boys), and marriage inequality (Loving v. Virginia). While these landmark victories initiated necessary reforms, they were only a starting point.

Systemic racism continues to pervade the lives of Black people through voter suppression, lack of financial services, housing discrimination, and other areas. More than anything, doing this work has taught the ACLU that we must fight on every front in order to overcome our country's legacies of racism. That is what our Systemic Equality agenda is all about.

In the weeks ahead, we will both expand on our views of why these campaigns are crucial to systemic equality and signal the path this country must take. We will also dive into our work to build organizing, advocacy, and legal power in the South — a region with a unique history of racial oppression and violence alongside a rich history of antiracist organizing and advocacy. We are committed to four principles throughout this campaign: reconciliation, access, prosperity, and empowerment. We hope that our actions can meet our ambition to, as Dr. King said, lead this nation to live out the true meaning of its creed.

What you can do:
Take the pledge: Systemic Equality Agenda
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Featured image by Shutterstock

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