How to Stay Calm in the Face of a Possible Post-Roe America
Today, the Supreme Court announced that it will hear oral arguments in Dobbs v. Jackson Women’s Health, a challenge to Mississippi’s 15-week abortion ban. That law, which has been blocked from taking effect by federal courts, directly violates Roe v. Wade––and that was the point of the law. The Supreme Court, now with a 6-3 conservative balance after three Trump appointees, will hear the case this fall, and will issue their ruling sometime next year.
Many people are panicked and disheartened at this news, and understandably so. Roe has been the law of the land for nearly half a century. Abortion is a common, normal experience, and access to safe abortion literally saves lives. Rather than wallowing in panic and despair, let’s commit ourselves to understanding what is happening and, most importantly, what we can do about it.
What’s going to happen to Roe?
First and foremost, no one knows what the Supreme Court will ultimately decide in Dobbs v. Jackson Women’s Health. We can make some educated guesses based on the Court’s makeup, but, please remember––an educated guess is still a guess.
Since Mississippi’s 15-week abortion ban directly violates the judicial precedent set by Roe, it is absolutely possible that the Court will use this case to rule that, in fact, there is no constitutional right to an abortion, and outright overturn Roe v. Wade. This would obviously be tragic and horrible, but it doesn’t mean that abortion would be illegal nationwide. Instead, it would kick the issue back to the states. Some states, like New York and Illinois, have essentially codified Roe through state law, and legal abortion would remain protected there. For the 10 states that have “trigger laws,” abortion would be immediately illegal once Roe was overturned. Others might rush to ban it. Either way, it wouldn’t be a nationwide ban, but a patchwork system of legality and illegality.
That is, of course, if the Court decides to outright overturn Roe. It’s also possible that they may leave it in name, but gut it in reality. Perhaps the Court will rule that a 15-week ban doesn’t really violate Roe for some obscure reason. Maybe they will allow certain early bans and not others. None of us really know what they will do. But even if they do leave Roe technically in tact, it’s imperative that we remember that Roe is the ceiling, not the floor, and its promise has already eluded millions for years.
What does this mean for safe abortion?
No matter what happens in Dobbs, people will still need safe abortion care. If the Court does overturn Roe, that need won’t disappear. Instead, the focus will shift to getting medication abortion to people in states that restrict or ban abortion, or getting those folks out of state to a provider in a state where it is legal. During the late 1960s, when abortion was illegal nationwide and Roe was still years away, activists realized that, while they couldn’t change the laws, they could help improve the safety of underground abortions. That’s the legacy of the Jane Collective, a group of Chicago-based activists, which gave referrals and ultimately, provided abortions themselves to people in need. They went around the law to save people’s lives. In their case, safe abortion didn’t mean legal abortion. We can take a lesson from Jane and from activists in countries where abortion is highly restricted or even illegal, where activists set up hotlines to provide genuine medical information and referrals about how to safely terminate a pregnancy.
The U.S. Food and Drug Administration has the power to make medication abortion accessible via the mail in perpetuity, rather than forcing people to physically go to clinics. That would seriously hinder anti-choice attempts to restrict safe abortion and make accessing it so much easier for folks who are hundreds of miles from clinics. Studies have shown that self-managed abortion through medication abortion can be safe if folks are provided with the right information and materials. Efforts like Plan C, which provide information and access to medication abortion, help make self-managed abortion through pills safe and accessible. And if some states do make abortion illegal, initiatives like Women on the Web, which provides medication abortion online, may be able to help. Consider supporting them.
Let’s not forget: a safe abortion isn’t necessarily a legal one. While abortion should be legal and freely accessible, there’s a lot that we can all do to make safe abortion possible, regardless of whatever happens with the Supreme Court.
Is there anything we can do?
It may feel like you’re powerless, but that is what abortion opponents want you to feel. There is so much we can do right now. At A is For, we tell stories and use the power of the arts to destigmatize and humanize abortion. That’s a good first step for anyone. Listen to the stories of folks who’ve had abortions. Read our Clinic Escort Comic Book series, which highlights stories from the frontlines of abortion access. Dive into some of the amazing stories of the We Testify storytellers. Use the word “abortion” freely and with the people in your lives.
We at A is For also believe in putting our money where our mouth is. Every month, we provide financial support to an organization working on the ground to make safe abortion accessible. From abortion funds like ARC Southeat to organizations like the Brigid Alliance that help facilitate travel for later abortion patients, we know that putting money in the hands of grassroots activists and organizers is the way to go. Take a look at our list of Beneficiaries and choose one (or more!) to support. Make it a monthly donation, if you can. Even $5 goes a long way to helping these organizations plan for a post-Roe future.
You can also volunteer! Maybe our comic book inspired you to become a clinic escort yourself. If so, contact your local abortion clinic and ask them if they need volunteers. Don’t know what your local clinic is? Abortion Care Network and the National Abortion Federation can help you find out. Don’t put it off––make that call now. Even hearing support from someone in the community could make a provider’s day. Clinic escorting too much for you? You can volunteer with your local abortion fund! Help them raise money to facilitate abortion access. Learn more here.
We know this is scary. Sugar-coating it won’t help––the stakes are incredibly dire, and what we are facing is indeed scary. But while we can’t change the makeup of the Supreme Court or necessarily influence the way the Justices will rule, there is still so much we can do. The Court may determine the fate of Roe v. Wade, but we get to determine the fate of safe abortion. Abortion is normal. Abortion is common. Abortion is freedom. Let’s fight for it.
Lauren Rankin is a freelance writer covering reproductive rights and feminist politics. Her work has been featured at the Washington Post, The Cut, Fast Company, Allure, Cosmopolitan, InStyle, SELF, Teen Vogue, and many more. She’s also served as a volunteer clinic escort at an independent abortion clinic in northern New Jersey since 2014. She lives in Boulder, Colorado.