On June 24, 2022, the Supreme Court overturned Roe v. Wade, which was a 1973 landmark decision that affirmed the constitutional right to abortion in the United States. The devastating ruling in June not only affects the reproductive rights of people with uteruses, but also impacts people of color and marginalized communities the most where access to health care is already a major issue.
The Democrats had 49 years to codify Roe into law, but they failed to do that in Congress, even in the years in which they held a majority. Now, it’s up to the party to step up and figure out a way to keep abortion accessible and safe — which is going to become a crucial talking point for the midterm elections in November, and the 2024 presidential race. The Democrats have already started to make some moves, but not all of them are getting the reaction they had hoped for.
Even with President Joe Biden’s executive order protecting access to abortion care, contraception, and privacy on a federal level, he reminds everyone that there is a lot more work to do to make reproductive rights a reality. “There is no constitutional right to choose. Only the way — the only way to fulfill and restore that right for women in this country is by voting, by exercising the power at the ballot box,” he said in his White House speech on Friday, July 8. “Let me explain. We need two additional pro-choice senators and a pro-choice House to codify Roe as federal law. Your vote can make that a reality.”
The Democrats are trying their hardest to reach their voter base. Some items have been meaningful, concrete steps or outlines for plans of how the party can courageously come together and pass historic legislation; other steps have just looked awkward and out of touch. Take a look at our list and see where the Democrats are headed in the right direction, and where they need to reconfigure their message because, as Biden said, “the Court has made clear it will not protect the rights of women.”
A version of this story was originally published in July 2022.
1. President Joe Biden Signed an Executive Order
On Friday, July 8, President Joe Biden signed an executive order, “Protecting Access to Reproductive Health Care Services,” that is designed to protect abortion rights on the federal level. It’s to ensure that access to abortion care, patient privacy, and contraceptives will be safeguarded. The executive order also establishes an interagency task to guard those reproductive rights. “Let me be clear: While I wish it had not come to this, this is the fastest route available,” Biden said in the press conference.
The executive order shows that the administration is acting in light of the Supreme Court overturning Roe v. Wade. The most significant aspect of the executive order came from the Department of Health and Human Services on Monday, July 11, which reaffirmed that Emergency Medical Treatment and Labor Act (EMTALA), which has been law for over 30 years, legally protects providers who offer life or health-saving abortions in emergency situations. “Under the law, no matter where you live, women have the right to emergency care — including abortion care,” HHS Secretary Xavier Becerra said in a statement to The Hill. “Today, in no uncertain terms, we are reinforcing that we expect providers to continue offering these services, and that federal law preempts state abortion bans when needed for emergency care.”
The White House is also making it clear that one significant step needs to happen for them to make a substantial mark on reproductive rights. “President Biden has made clear that the only way to secure a woman’s right to choose is for Congress to restore the protections of Roe as federal law.”
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2. President Joe Biden Signed a Second Executive Order
On Wednesday, Aug. 3, President Joe Biden doubled down on his executive orders in the wake of the Roe v. Wade ruling to ensure that people with a uterus get the medical care that they need. He stressed in his speech that “women’s health and lives are on the line amidst chaos and uncertainty unleashed by this decision.”
The executive order secures abortion healthcare in three ways: it “helps women travel out of state for medical care,” it “makes sure healthcare providers comply with federal law so women don’t face delays or denials of medically necessary care,” and it “advances research and data collection to evaluate the impact that this reproductive health crisis is having on — on maternal health and other health conditions and outcomes.” Joe Biden made the announcement during the inaugural meeting of the newly created Task Force on Reproductive Healthcare Access to show that progress is being made and that this topic is a priority for his administration.
3. Two Representatives Moved to Codify Contraception Access
On July 7, Representatives Pramila Jayapal (WA) & Mike Thompson (CA) introduced the Protecting Access to Contraception Act of 2022, which is legislation to “codify the right of Americans to access contraception.” It’s a preemptive move after Supreme Court Justice Clarence Thomas shared an opinion that the court should reconsider Griswold v. Connecticut, which gave the constitutional right of married adults to access contraception without government restriction in 1965.
If the act is passed, it would “forbid state or local governments from prohibiting or otherwise restricting the possession, sale, purchase, transportation or use of any contraceptive.” It also makes sure to provide “a broad definition of contraceptive, crafted to cover birth control medication, IUDs, condoms, and emergency contraception, as well as other relevant FDA-approved products, devices, or medications.” Jayapal and Thompson’s act also makes note of the fact that birth control is often used for issues other than pregnancy prevention, so having access to it is crucial on multiple levels.
4. Rep. Alexandria Ocasio-Cortez Outlined Options on ‘The Late Show’
Representative Alexandria Ocasio-Cortez (NY) appeared on The Late Show with Stephen Colbert on June 28 and made a strong appeal to Congress and President Biden on the next steps they should take now that Roe v. Wade has been overturned.
She outlined four actionable items, including looking into the expansion of the Supreme Court, ending the Senate filibuster, repealing the Hyde Amendment (the amendment bars the use of federal funds to pay for abortion except to save the life of the woman in instances of incest or rape), and codifying Roe, same-sex marriage, the right to contraception, and interracial marriage. Her passionate appearance was met with enthusiasm from the audience, but it’s now up to Joe Biden and Congress to make these items happen.
5. Democrats Urged Citizens to Vote
Democrats have been furiously tweeting away telling citizens to vote blue in the midterm elections in November after the Roe v. Wade ruling, but there is rarely any other context given to why their vote matters. The Democrats hope their voting message reaches Americans’ ears so they can win a Congressional majority and codify the protections of Roe.
That’s where the disconnect seems to be happening because many lifelong Democrats feel that the party should have been fighting harder (and perhaps a bit dirtier) over the years to match the Republicans’ legislative strategy. Voting is important, but the message has to be bigger than just going to the polls. Let’s hope that the Democrats’ plan works and the overturning of Roe v. Wade motivates voter turnout in their favor.
6. Some Democrats Saw a Fundraising Opportunity
Perhaps one of the Democrats’ more tone-deaf moves involved sending out emails asking their supporters to donate money for upcoming campaigns in light of the overturning of Roe v. Wade.
One demonstrator at a reproductive rights rally told MSNBC exactly what many voters were feeling when they received those emails.
“My rights should not be a fundraising point for them or a campaigning point,” Zoe Warren said. “They have had multiple opportunities to codify Roe into law over the past 20, 30, 40, 50 years, and they haven’t done it. And if they’re going to keep campaigning on this point, they should actually do something about it.”
Let’s hope that the money Democrats raise is put to good use and not another wasted opportunity in codifying Roe.
7. Nancy Pelosi Read a Poem
This isn’t the first time Nancy Pelosi has whipped out the poetry during a speech, but doing it after the Roe v. Wade decision felt nothing but performative. She read “I Have No Other Country” by Israeli poet Ehud Manor, a writer whose work the politician is moved by, but it just didn’t feel like the right time to share this poem. Let’s hope she takes a look at AOC’s list of options for Congress and gets to work.
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