The Supreme Court overturned my abortion case Friday. But I won’t stop fighting.
Many people in the Pennsylvania area have been asking what they can do to channel their outrage. Here are my immediate thoughts.
![Kathryn Kolbert argued the case of "Planned Parenthood v. Casey" before the Supreme Court in 1992, which was also overturned by Friday's decision.](https://www.inquirer.com/resizer/PHmCfl5nlDzMDHJ6Dp2raQRR114=/8x0:4800x3197/760x507/filters:format(webp)/cloudfront-us-east-1.images.arcpublishing.com/pmn/HMTKEQ67V5EH5CWGTDI2MS6ACA.jpg)
For the first time in history, the U.S. Supreme Court has removed federal constitutional protection for a fundamental human right — a right that millions of our nation’s women and their families have relied upon for five decades.
Friday’s womb-wrenching opinion eviscerated the constitutional right to choose abortion, leaving many Americans shocked and saddened.
Beyond creating devastating consequences for people’s lives and health in the more than 20 states that are expected to ban abortions in the coming weeks or months, the decision opens the door to the erosion of other important constitutional protections, from the right to use contraception or common treatments for infertility to gay marriage and end-of-life care.
I have been at the forefront of this issue for decades, and argued the case of Planned Parenthood v. Casey before the Supreme Court in 1992, which was also overturned by Friday’s decision.
Many people in the Pennsylvania area have been asking what they can do to channel their outrage. Here are my immediate thoughts.
The right to choose abortion will be on the ballot in November. Our current law permits abortion, so we can expect the Republican-led legislature to quickly move to ban it, either by statute or by an amendment to the state constitution.
“The right to choose abortion will be on the ballot in November.”
Our first and primary goal must be to elect pro-choice champions who can block these incursions on our liberties. This year’s governor’s race pits Attorney General Josh Shapiro, a staunch advocate for women’s reproductive freedoms, against Doug Mastriano, whose extreme views include the banning of all abortion, even if the pregnancy is a result of rape and incest or the woman would die without having the procedure. (Mastriano also would eliminate all state funding for Planned Parenthood, one of the largest providers of birth control and sex education in the state.)
Should the Republican-controlled legislature vote to ban abortion as they surely will do either this year or next, we need a governor who will veto the new restrictions, so that women and their families — not politicians in Harrisburg — can decide when, whether, and with whom to have children.
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Do not be misled in believing that Shapiro has this race sewn up, as polls show the two candidates are neck and neck. But if the Republicans in Harrisburg place a constitutional amendment on the ballot that bans abortion, that is something the governor cannot veto.
While a majority of Pennsylvanians believe that decisions about abortion ought to be made by people in consultations with their doctors and not regulated by the state, if those people don’t show up to vote, the ballot measure could pass.
To defeat this strategy, we need to elect Democrats to the Pennsylvania House and Senate who can defeat the constitutional amendment before it makes it onto the ballot.
Pennsylvania is also ground zero for one of the most important U.S. Senate races in the nation. John Fetterman, an avid supporter of reproductive rights, has the opportunity to flip a Senate seat from red to blue in November. Should Democrats continue to control the U.S. House, they will need only two additional senators who are willing to suspend the filibuster and enact a law protecting abortion nationwide. In contrast, Mehmet Oz opposes abortion and would likely support an effort by Republicans to ban abortion across the country by statute, a suggestion which Mitch McConnell has acknowledged is possible.
When I urge you to support pro-choice candidates, I mean that you need to do more than just vote in every election. You must work for candidates who are champions for choice, up and down the ballot. Canvass, register people to vote, text, make phone calls, and donate to campaigns. Both Turn PA Blue and Represent PA can help you get to work and identify candidates who need volunteers and donations.
I know many independents, progressives, and liberals pooh-pooh the idea of getting active in politics, thinking it will not make a difference or that the candidates don’t reflect all their views. But we can no longer sit by and let those who brazenly attack our freedoms and undermine equality hold power. If we are to restore reproductive freedoms, we need to focus on ensuring that those who seek to harm women and their families quickly lose their seats and find another line of work.
To paraphrase Joan Baez, we must turn our despair to action. Now.
Kathryn Kolbert, a reproductive rights attorney, argued Planned Parenthood v. Casey in the Supreme Court in 1992. She is the coauthor of Controlling Women: What We Must Do Now to Save Reproductive Freedom.