The decision to overturn nearly 50 years of federal abortion protections has sparked an outpour of outrage and disappointment among many local leaders but others in the county and broader Bay Area have praised the move.
On Friday, a majority of Supreme Court justices signed on to an opinion written by Justice Samuel Alito overturning Roe v. Wade, a decision made by the high court in 1973 that guaranteed access to abortions as a constitutional right rooted in privacy protections in the 14th Amendment.
Friday’s decision does not outright ban abortions but instead places the authority with state officials to determine the legality and parameters of abortion access. For those celebrating the decision, including San Francisco’s Archbishop Salvatore Cordileone and John Hickey, a member of the Libertarian Party of San Mateo County, this is only the start of a bigger push to further stunt the practice.
“This historic Supreme Court decision would not have happened without 50 years of patient, loving, hard work by people of all faiths and none, in diverse fields including social service, religion, law, medicine, culture, education, policy and politics. But our work has just begun,” read a statement from Cordileone published last Friday. “The artificial barriers the Supreme Court created by erecting a so-called constitutional right out of thin air have been removed. The struggle to demonstrate we can build a culture that respects every human life, including mothers in crisis pregnancies and the babies they carry, continues.”
Hickey said he stands by abortion access in cases of incest, rape and to save the life of a mother and said he believes most Americans including those who identify as pro-life likely do too but abortions outside of those parameters have become all too common.
And he pushed back on elected officials like President Joe Biden who claim the Supreme Court decision opens the door for states to ban abortions in all cases, asserting no official from any state would prosecute someone for seeking care in those situations.
“If you polled your fellow American people ‘should the woman be forced to carry the child of a rapist’ the answer would be 99% no,” Hickey said. “However, I would say I’m so much pro-life that if a woman does have a pregnancy from a rapist and incest that the choice should be hers and it should not be the government telling her she has to have an abortion.”
So-called “trigger laws” banning or greatly limiting abortion access if Roe v. Wade was overturned have taken effect in 13 states and legal challenges and confusion around abortion laws have popped up across the nation.
Pushing for protections
Alternatively, a number of states are moving to strengthen reproductive rights. California legislators have vowed to make the state a safe haven for abortion rights. Gov. Gavin Newsom recently signed Assembly Bill 1666 which provides privacy protections for those who come from out of state to receive an abortion, proposed a $125 million commitment to reproductive health care in next fiscal year’s budget and launched a multistate commitment to protect reproductive health care with the governors of Washington and Oregon.
State Sen. Josh Becker, D-San Mateo, lauded Newsom in a press release Monday and outlined his own commitments to protecting the right to choose in the state. He and Senate President Toni Atkins, D-San Diego, co-authored the Senate Constitutional Amendment passed by lawmakers Monday that will give voters the opportunity to codify reproductive rights in the state’s Constitution this November.
“Here in California, women are not second-class citizens. In California, at least, they will continue to have autonomy over their bodies and their decisions,” Becker said. “These are very dark times — but I’m resolved to keep fighting on reproductive rights and other issues where the Supreme Court is pushing our country backwards.”
San Mateo County supervisors have already made their stance clear, unanimously affirming the county’s “unwavering support for women’s reproductive freedom and health care privacy” and adopting a $1 million Women’s Reproductive Freedom and Healthcare Privacy Action Plan.
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Much of those funds will go to supporting services provided by Planned Parenthood Mar Monte, the health care giant’s largest affiliate nationwide providing medical care to more than 220,000 patients from the Bay Area to Northern Nevada. Dollars will also go toward improving services offered to residents covered by the county’s health plan.
The fight continues
Dr. Melissa Michelson, a political scientist and dean of Menlo College’s School of Arts and Sciences said actions like the ones being taken by the state and county are vital for servicing patients from dozens of states where abortion rights will likely be stripped.
Michelson said she was disappointed but not surprised by Friday’s announcement. Many knew it was coming after a draft opinion by Alito was leaked earlier this year.
In the draft, Alito argued Roe v. Wade must be overruled given that “Roe was egregiously wrong from the start.” The argument went beyond what was being asked in the case in front of the body in which Mississippi was seeking to uphold its law banning abortions after 15 weeks of pregnancy.” The final opinion showed few changes from the draft.
Looking toward the November election when many expect Republicans to take control of Congress, Michelson said she’s not confident Friday’s decision will embolden voters to get out and cast ballots for Democratic candidates. If Republicans are to gain a majority, House Minority Leader Kevin McCarthy, R-Bakersfield, said he would be in favor of a federal ban at 15 weeks and other Republican leaders have signaled similar support, potentially putting safe haven laws at risk.
“A lot of folks on the Democratic side of the aisle are enraged and we saw that in the protests over the weekend. A lot of folks on the Republican side of the aisle are invigorated by the victory so on both sides of the aisle we’re having pretty large emotional responses,” Michelson said. “Victories are a lot more invigorating than losses. I don’t think this is going to help the Democrats that much in terms of inspiring people to come out and vote.”
Michelson also argued that Californians should be concerned by the Supreme Court’s decision on a personal and community level. A pregnant person who chooses to travel could find themselves in a medical emergency in a state where abortions are greatly restricted, putting themselves in danger. Or their child could decide to go to college in a strict no-abortion state, also putting them at risk, Michelson said.
Beyond those reasons, Michelson said the total overturning of Roe v. Wade could also spell disaster for other rights that have leaned on the 14th Amendment’s privacy guarantees including the right to access contraceptives, same-sex marriage and the right to have same-sex intercourse. In a concurring opinion written by Justice Clarence Thomas and released Friday, he called those decisions “demonstrably wrong” and argued they should be reviewed.
“Those rights are legitimately in danger,” Michelson said. “While the immediate threat to California is low I think it’s time for all Californians to stand up and fight back against this decision if they care about anybody but themselves.”
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