After Losing a Constitutional Right, America Picks a President

Americans are picking their first president after the Supreme Court overturned their constitutional right to an abortion.

Now, two-and-a-half years later, with near-full abortion bans in 13 states, deaths confirmed because of them, and a smattering of states that have enacted protections via the direct democracy of ballot initiatives, the country has a choice: to reelect Republican Donald Trump, whose pledge to undo Roe helped fuel his first ascent to the White House; or to elect Democrat Kamala Harris, who is running on resurrecting abortion rights as she aims to be the first woman to win the presidency. 

Republican AGs Want Access to Health Records of Out-of-State Abortion Seekers. Texas’ Ken Paxton Is Leading the Charge.

Since the fall of Roe, cross-border abortion travel has doubled. To guard against the threat of having—as President Biden put it—the medical records of abortion patients “used against them, their doctor, or their loved one just because they sought or received lawful reproductive healthcare,” a new HIPAA rule issued last year enhances the privacy protections for reproductive healthcare.

Attorneys general from 19 abortion-hostile states submitted a formal letter to HHS Secretary Xavier Becerra in opposition to the proposed enhanced privacy rule, based on its disregard for fetal personhood. The AGs failed in their mission to prevent the proposed 2024 rule from becoming final—so Texas Attorney General Ken Paxton took matters into his own hands. The Texas challenge will be heard by Republican appointee Judge James Wesley Hendrix in Lubbock, Texas. It is anticipated that he will be sympathetic to the state’s position.

How Project 2025 Seeks to Obliterate Sexual and Reproductive Health and Rights

Project 2025 promotes a presidential agenda that rolls back civil and human rights and implements extremist conservative policies across every federal department and agency. Its sweeping far-right policy framework, by the conservative think tank the Heritage Foundation, includes numerous attacks on sexual and reproductive health and rights. 

This fact sheet enumerates some of the agenda’s most serious threats to sexual and reproductive health and describes potential effects.

As President, Harris Could Not Easily Make Roe v. Wade Federal Law—But She Could Still Make It Easier to Get an Abortion

There is much that a potential Harris administration and Congress could do to offset the impact of the Supreme Court’s 2022 Dobbs ruling.

Congress could amend existing federal laws—starting with repealing the Hyde Amendment, which prohibits federal money from being used to fund abortions, or the Comstock Act, a Victorian law which some judges have interpreted as prohibiting the mailing of abortion pills. Congress could also enact legislation that protects the right to interstate abortion travel. Or Harris could ask Congress to pass a law that would guarantee the same kind of access to mifepristone that the FDA currently allows.

The Comstock Act Is a Backdoor Approach to a National Abortion Ban—And Justices Alito and Thomas Are Interested

A general consensus seems to have emerged after last week’s oral arguments in the case against the abortion pill that the Supreme Court is likely to rule that the anti-abortion physicians and their umbrella group, the Alliance for Hippocratic Medicine, lack sufficient legal grounds to challenge the FDA’s loosening of restrictions on mifepristone.

While dismissal based on a lack of standing would be a welcome result, it is not a guarantee given the Court’s anti-abortion supermajority. But even if this occurs, the apparent zest manifested by Justices Samuel Alito and Clarence Thomas towards the Comstock Act from 1873 brings a lurking danger fully out into the open. 

‘Comstocked’: How Extremists Are Exploiting a Victorian-Era Law To Deny Abortion Access

In June 2019, the all-male city council in Waskom, Texas, unanimously voted to make the tiny town of just 2,000 residents the nation’s first “sanctuary city for the unborn.” Characterizing fetuses as the “most innocent among us [who] deserve equal protection under the law,” the ordinance expressly bans abortion within its municipal boundaries. The man behind the ban, anti-abortion zealot and pastor Mark Lee Dickson, has since expanded his campaign to outlaw abortion “one city at a time” into at least six other states.

(This article originally appears in the Fall 2023 issue of Ms. Join the Ms. community today and you’ll get issues delivered straight to your mailbox!)