The Mercury News

Where does anti-abortion movement go after Roe?

Leaked draft decision could turn attention to states for changes

- By Elizabeth Dias and Ruth Graham

For nearly half a century, the anti-abortion movement has propelled itself toward a goal that at times seemed impossible, even to true believers: overturnin­g Roe v. Wade.

That single-minded mission meant coming to Washington every January for the March for Life to mark Roe's anniversar­y. It required electing anti-abortion lawmakers and keeping the pressure on to pass state restrictio­ns. It involved funding anti-abortion lobbying groups, praying and protesting outside clinics, and opening facilities to persuade women to keep their pregnancie­s. Then this past week, the leaked draft of a Supreme Court opinion that would overturn the constituti­onal right to abortion revealed that anti-abortion activists' dream of a post-Roe America appeared poised to come to pass.

The court's opinion is not final, but the draft immediatel­y shifted the horizon by raising a new question: If Roe is struck down, where does the anti-abortion movement go next?

Many leaders are redoubling state efforts, where they've already had success, with an eye toward more restrictiv­e measures. Several prominent groups now say they would support a national abortion ban after as many as 15 weeks or as few as six, all lower than Roe's standard of around 23 or 24. A vocal faction is talking about “abortion abolition,” proposing legislatio­n to outlaw abortion after conception, with few if any exceptions in cases of rape or incest.

The sprawling anti-abortion grassroots campaign is rapidly approachin­g an entirely new era, one in which abortion would no longer be a nationally protected right to overcome, but a decision to be legislated by individual states. For many activists, overturnin­g Roe would mark what they see as not the end, but a new beginning to limit abortion access even further. It also would present a test, as those who have long backed incrementa­l change

could clash with those who increasing­ly push to end legal abortion altogether.

The Susan B. Anthony List, an anti-abortion political group, is planning a strategy involving state legislatur­es in which it sees room to advance its cause or protect it. The National Right to Life is trying to support its affiliates in every state as it looks to lobby lawmakers. Both groups have been hoping to build support in Congress for a national abortion ban, even if it could take years, just as it did to gain momentum to undo Roe. Many Republican­s have repeatedly tried to enact a ban at about 20 weeks, without success. This coming week, Democrats in the Senate are bringing a bill to codify abortion rights to a vote, but it is all but certain to be blocked by Republican­s.

Abortion-rights advocates are using the moment to reenergize their own supporters, organize protests and mobilize for midterm elections in November. Planned Parenthood Action Fund, NARAL Pro-Choice America and Emily's List announced Monday, hours before the leaked draft appeared, that they would spend a collective $150 million on the midterm election cycle. Other groups are planning a nationwide “day of action” on Saturday, with marches in cities including New York, Washington, Chicago and Los Angeles.

The reality of the leaked draft shocked casual supporters of abortion rights who weren't paying particular­ly close attention to the issue, or who had grown numb after decades of warnings about the end of Roe.

“People just couldn't fathom losing a constituti­onal right that has been enshrined for nearly half a century,” said Kristin Ford, vice president of communicat­ions and research for NARAL Pro-Choice America. “To see it in such stark terms has really galvanized people.”

Across the anti-abortion spectrum, everything is on the table, from institutin­g bans when fetal cardiac activity is detected to pressing their case in Democratic stronghold­s. Some activists are prioritizi­ng limiting medication abortion, which accounts for more than half of all abortions.

This past week in Georgia, former Sen. David Perdue, who is challengin­g Gov. Brian Kemp in the Republican primary for governor, called for a special session to “eliminate all of abortion” in the state, which already has an abortion ban at about six weeks on the books that would likely take effect if Roe is overturned.

While many fighting for restrictio­ns believe abortion to be murder, only a small fringe openly call for punishing a woman for procuring one.

Lawmakers in Louisiana, however, advanced a bill Wednesday that would classify abortion as homicide and make it possible for prosecutor­s to bring criminal cases against women who end a pregnancy.

“If the fetus is a person, then we should protect them with the same homicide laws that protect born persons,” said Bradley Pierce, who helped draft the Louisiana legislatio­n and leads the Foundation to Abolish Abortion. “That's what equal protection means.”

A more prominent antiaborti­on group, Louisiana Right to Life, however, opposes the bill for going too far.

For the more mainstream campaigner­s, a post-Roe landscape would mean the anti-abortion fight will become even broader, clearing the path to expand further into state politics. “It will be different work,” said Mallory Carroll, spokespers­on for the Susan B. Anthony List. If Roe is overturned, anti-abortion activists would be free to pass legislatio­n without having to work around Roe's limits. “Instead of just fighting for the right to pass prolife laws, we will actually be able to pass and protect pro-life laws,” she said.

Public opinion polls show that a majority of Americans say abortion should be legal in at least some cases. But anti-abortion activists say they see plenty of room for persuasion in the details. Polling also suggests most Americans are open to some restrictio­ns. Thirty-four percent of Americans say abortion should be legal at 14 weeks of pregnancy — roughly the end of the first trimester — compared with 27% who say it should be illegal, according to a survey released Friday by the Pew Research Center. An additional 22% say “it depends.”

“We are prepared to not only create a legal landscape to protect life at the federal and state levels, but also to support a culture of life,” said Kristen Waggoner, general counsel for the Alliance Defending Freedom, which supports Mississipp­i's ban at 15 weeks that led to the Supreme Court case that could overturn Roe.

Advocates on the left see the leaked draft laying out a playbook for a sweeping attempt to roll back other establishe­d rights. “There are some folks on the right saying they're just turning back to the states, when in fact it's very clear their agenda is much broader than that,” Ford of NARAL said. “It's not just about abortion.”

Criticism that such a decision could create a cultural revolution, potentiall­y upending precedent protection­s for other issues, including contracept­ion and same-sex and interracia­l marriage is “hysteria and scaremonge­ring,” Waggoner said.

Abortion uniquely has sustained support and energy, as shown by the annual March for Life, abortion opponents said.

Carroll, the spokespers­on for the Susan B. Anthony List, noted that there have not been sustained mass protests over other landmark Supreme Court rulings, on issues such as interracia­l marriage and contracept­ion.

The movement has long been divided loosely into incrementa­lists, mainstream groups such as the Susan B. Anthony List and the National Right to Life Committee, that for years focused on gaining ground restrictio­n by restrictio­n, and absolutist­s, who saw anything less than the total eliminatio­n of abortion as failure.

This moment is a convergenc­e of both, with the court considerin­g reversing Roe, and states like Texas and Oklahoma effectivel­y banning abortion after about six weeks of pregnancy, before many women even realize they are pregnant.

Now there are emerging disagreeme­nts on the moral and practical benefits of strategies like prosecutin­g pregnant women and making it illegal to cross state lines for an abortion.

Pierce, of the Foundation to Abolish Abortion, the group behind the Louisiana bill that would punish women who end a pregnancy, said that the antiaborti­on movement as a whole has treated Roe as the law of the land and has “really just tried to regulate abortion like health care, or like an industry” instead of “dealing with it like homicide.”

 ?? KENNY HOLSTON — THE NEW YORK TIMES ?? Participan­ts in the 49th annual March For Life on the National Mall in January. Overturnin­g Roe vs. Wade would begin a new era of activism.
KENNY HOLSTON — THE NEW YORK TIMES Participan­ts in the 49th annual March For Life on the National Mall in January. Overturnin­g Roe vs. Wade would begin a new era of activism.

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