After the Supreme Court overturned Roe v. calf Last week, Democrats searched for a way to contest a decision seen as a huge win for conservative Republicans.
President Joe Biden urged voters to “raise their voices” in the next election, and New York Rep. Alexandria Ocasio-Cortez shared a list of seven actions they think Democrats can take to “fix this and take action.”
Here’s a breakdown of those seven actions and what each entails.
1. Limit judicial review
Judicial review allows the Supreme Court to declare a legislative or executive measure unconstitutional.
The doctrine was established in the case of Marbury vs Madison 1803, when he ruled that the Supreme Court had the authority to overrule an act of Congress or an executive order on the grounds that it violated the country’s supreme law – the Constitution.
In her ruling in favor of Mississippi’s abortion ban at 15 weeks and its repeal Roe v. calfa majority of Supreme Court justices declared that “the Constitution does not grant the right to an abortion”.
2. Expand the yard
Many progressive Democrats, including Ocasio-Cortez, have called for more Supreme Court seats.
The size of the nation’s Supreme Court is not specified in the Constitution, and while the Supreme Court has had nine judges for the past 150 years, it is not necessarily nine. Over the years it has had up to 10 judges and only six.
Expanding the court would allow Democrats to counter the conservative Republican supermajority that emerged when then-President Donald Trump nominated three conservative judges during his tenure, allowing the court to restore a balance of independent and fair justice would make who it should be.
3. Clinics in federal states
Ocasio-Cortez called for Biden “Opening abortion clinics in federal states in red states,” describing the move as “the very smallest of small steps,” the president could make in one post.Roe v. calf America. She urged Biden to do so “immediately.”
With access to abortion now severely restricted across the country, Planned Parenthood is being shut down in the 13 states with trigger laws allowing them to ban abortions at the moment Roe v. calf was repealed, opening abortion clinics on state lands would allow pregnant women access to the procedure in all states.
The same idea was proposed earlier that same day by Massachusetts Senator Elizabeth Warren, who told reporters: “[Biden should] exploring how much we can begin to use federal land to protect people who need access to abortion in all states that have either banned abortion or are clearly on the verge of doing so.”
4. Expand education and access to Plan C
With abortion rights under attack across the country, there are fears that sex education could also be under threat.
Many, including Ocasio-Cortez, are calling for more reproductive health education to be expanded following the overturning of the Supreme Court ruling Roe v. calfa move that would ensure that people, especially young people, still have some power over their own bodies even if they are stripped of their abortion rights.
The New York congresswoman also called for expanding access to Plan C, a platform that provides information for people seeking access to abortion pills at home.
At-home abortion pills, available online, have been used by millions around the world over the past 30 years, Plan C reported. Pills are used in more than 54 percent of abortions in the United States, according to information on the platform.
It’s unclear whether women seeking abortions will continue to have access to abortion pills in states that moved to ban abortions after Friday’s Supreme Court ruling.
5. Repeal Hyde
Ocasio-Cortez called for the repeal of the Hyde Amendment, a provision passed by Congress in 1976 that mandated that federal funds not be used to pay for abortions except in cases where the life of the pregnant person is in danger, rape or incest .
The change took its name from Illinois Republican Representative Henry Hyde, who supported the measure. Before it went into effect in 1980, about 300,000 abortions were performed annually across the country with federal funds, according to NPR.
The Hyde Amendment has been criticized for disproportionately affecting lower-income women, young women and women of color – the same categories now seen as more vulnerable to the overthrow Roe v. calf.
6. Hold polls codifying Griswold, Obergefell, Lawrence, Loving, etc.
After the overthrow of Roe v. calf by the Supreme Court on the grounds that the right to abortion is not enshrined in the constitution, many have sounded alarmed that other recently recognized rights – including same-sex marriage and the right to contraceptives – may be upended.
Here are some of the landmark rulings that established fundamental rights that Ocasio-Cortez now fears are at risk and wants to enshrine in the Constitution as soon as possible:
- Griswold vs. Connecticut (1965) ruled that the Constitution protects the freedom of married couples to buy and use contraception – a right then extended to everyone, regardless of marital status
- Obergefell v. Hodges (2015), which recognizes same-sex marriage as a fundamental right
- Lawrence vs. Texas (2003) who made the crime of bestiality unconstitutional
- Loves vs. Virginia (1967) who held that laws prohibiting interracial marriage were unconstitutional
7. Vote on Escobar’s Clinic Protection Bill
Democratic Rep. Veronica Escobar of Texas proposed a bill that would fund the safety of abortion clinics and health care providers after Judge Samuel Alito’s draft advisory opinion, leaked in May, revealed the Supreme Court was preparing to overthrow Roe v. calf.
The House bill, if passed, would authorize $30 million in grants to improve safety at abortion clinics.
That month, when the House of Representatives passed legislation to strengthen security for judges and their families, Escobar voted against it, calling instead for protections for abortion clinics.
https://www.newsweek.com/seven-ways-democrats-can-fight-back-against-roe-v-wade-being-overturned-aoc-1719398 AOC lists seven ways Democrats can fight back against roe overturning