SCOTUS Failure May Lead to System Failure

Greek philosopher and Skeptic, Arcesilaus said "Where you find the laws most numerous, there you will find also the greatest injustice." With the conservative swing to the Supreme Court evident and with a preponderance of statehouse and governor seats in control by Republicans, in 2021 alone, 22 states passed new laws to limit safe, legal abortions in the US. At least sixteen states restricted access to abortion in some way while six states expanded access to the procedure. All this while reported abortion rates are actually decreasing over time owing to access to preventative contraception,  and non-surgical means to end possible pregnancies. Some would say that we have plenty of laws, but not a good way to support women who are making these difficult, personal decisions.

With the leaked draft report from the Supreme Court essentially letting the proverbial cat out of the bag and allowing Americans into the headspace of the majority of Supreme Court justices, it is clear that precedent is being rejected to put more power back at the state level to decide state-by-state what the "law of the land" will be where access to abortion is concerned. Of course, at the federal level, a law enshrining the legal right to access to abortion could be forthcoming, but it is also true that pro-choice advocates will also have to go toe-to-toe with pro-life advocates who will have the upper hand where current state lawmakers and governors are concerned. 

What pro-choice advocates have going for them are numbers. Polling suggests that the vast number of Democrats and about 49% of Republicans support abortion rights for a variety of reasons. Second, the history of abortion tells a darker tale of women unnecessarily dying from seeking out dangerous procedures and the cost to society for the care of unwanted lives, and the limitations of enough adoptive parents, particularly for older children of color. Third, the strange bedfellows of Moderate Republicans, Libertarians, Liberals, and Progressives who agree that freedom includes freedom of choice.

Whatever happens in the days ahead, it is a battleground, and therefore, every state is a battleground state. Ultimately must be won by those who stand to lose the most and their allies.