The End of Roe v. Wade -- and What Comes Next | Kathryn Kolbert | TED
TLDRThe speaker, a co-founder of the Center for Reproductive Rights and advocate of women's reproductive health, warns that the US Supreme Court is likely to overturn Roe v. Wade, ending the constitutional right to abortion. Despite this grim outlook, she calls for a social justice movement to protect reproductive freedom and proposes strategies, including electing pro-choice legislators and advocating for comprehensive reproductive health policies. She envisions a future where reproductive rights are guaranteed by a constitutional amendment, emphasizing the importance of political activism.
Takeaways
- 📜 The speaker, with experience in arguing abortion cases at the Supreme Court, predicts that Roe v. Wade will likely be overturned within a year, removing the constitutional right to abortion.
- 🚫 The Supreme Court's potential decision could lead to states enacting more restrictive abortion laws, effectively making abortion inaccessible in many parts of the U.S.
- 🌐 The speaker emphasizes the importance of reproductive freedom, which includes not only the right to abortion but also the ability to make decisions about parenthood and to receive necessary social support.
- 🤔 The opposition to abortion is often framed in terms of religion, fetal rights, and women's health, but the speaker argues these are not the true motivations, which are more about controlling women.
- 🔢 The key to understanding Supreme Court decisions, as humorously noted, is to 'learn to count' to the number five, representing a majority of justices that can make or break such landmark cases.
- 🎓 The speaker's experience with the Casey decision illustrates how close the court was to overturning Roe in the past, and how a change of one justice's mind can have a significant impact.
- 🏛 The current Supreme Court is likely to face three cases that could challenge Roe v. Wade, with the Texas and Mississippi cases being particularly pivotal.
- 🛑 The Texas law, which bans abortion after six weeks and allows citizen lawsuits against providers, has already seen the support of five justices, indicating a trend towards restrictive rulings.
- 📉 The overturning of Roe and Casey would likely lead to a significant number of states banning abortions, forcing women to travel or seek alternative, potentially unsafe, methods.
- 🔄 The speaker calls for a shift in strategy from 'Save Roe' to building a social justice movement and electing pro-reproductive rights legislators to ensure broader reproductive freedoms.
- 🗳️ Political activism is urged, including voting, campaigning, and even running for office, as a means to influence policy and protect reproductive rights.
Q & A
What is the speaker's prediction regarding the future of Roe v. Wade?
-The speaker predicts that Roe v. Wade will be effectively dead within a year, with the constitutional right to choose whether or not to have an abortion no longer protected by the United States Constitution.
What role did the speaker play in the 1992 case Planned Parenthood v. Casey?
-The speaker argued the case Planned Parenthood v. Casey in the US Supreme Court, a case credited with saving Roe v. Wade.
What is the significance of the number 'five' in the context of the Supreme Court?
-The number 'five' signifies a majority of the justices on the Supreme Court, which is the minimum number needed to make a ruling or overrule a precedent.
What was the outcome of the Casey decision in relation to abortion rights?
-The Casey decision upheld the right of women to obtain an abortion up until viability, usually between 24 and 28 weeks of pregnancy, in all 50 states and US territories, but also allowed states to enact barriers to abortion as long as they weren't undue burdens on women.
How has the speaker's experience with 'Sesame Street' influenced their approach to the Supreme Court?
-The speaker learned the importance of counting, particularly the significance of a five-justice majority, from 'Sesame Street,' which has been crucial for understanding the dynamics of the Supreme Court.
What are the three main arguments opponents of abortion often use, according to the speaker?
-Opponents of abortion often argue based on religion, the protection of fetal rights, and the protection of women's health.
How does the speaker refute the argument that abortion restrictions are about protecting fetal rights?
-The speaker refutes this by pointing out that if opponents truly cared about fetal rights, they would work to eliminate the high rate of infant mortality and support programs for children after birth.
What is the current situation regarding abortion restrictions and the Supreme Court?
-There are three cases pending in the Supreme Court, two from Texas and one from Mississippi, which could potentially lead to the overruling of Roe and Casey, sending the question of abortion back to the states.
What are the speaker's suggestions for new strategies to preserve reproductive freedoms?
-The speaker suggests building a strong social justice movement and getting politically active to elect legislators who champion reproductive health.
What would a world controlled by pro-choice legislators look like, as envisioned by the speaker?
-In such a world, there would be universal childcare, paid maternity and paternity leaves, reduced maternal mortality rates, elimination of systemic racism in healthcare, and policies supporting reproductive freedoms, including over-the-counter birth control and quality sex education.
What is the speaker's view on the importance of political activism in preserving reproductive rights?
-The speaker emphasizes that political activism is crucial for electing champions of reproductive rights to various levels of government, which is necessary to enact policies that protect and expand reproductive freedoms.
Outlines
🚫 The Future of Abortion Rights in the U.S.
The speaker, a legal expert with experience arguing abortion cases before the Supreme Court, including the pivotal Planned Parenthood v. Casey, predicts a grim future for abortion rights. They assert that Roe v. Wade, the landmark decision that established the constitutional right to abortion, will likely be overturned within a year, leaving the right to choose unprotected by the U.S. Constitution. The speaker suggests that the court will either overrule or effectively nullify the precedents set by Roe and Casey, leading to the loss of reproductive freedom at the federal level.
🛡️ The Battle for Reproductive Freedoms
Despite the bleak outlook for abortion rights, the speaker offers a message of hope, emphasizing the importance of collective action to preserve reproductive freedoms. They argue for the right of all individuals to make decisions about parenthood, including social supports necessary to raise children with dignity and safety. The speaker debunks common arguments against abortion, such as religious beliefs, fetal rights, and women's health, pointing out the inconsistencies and the real motives behind anti-abortion movements, which they believe are rooted in controlling women and restricting their societal participation.
🔢 The Supreme Court's Tipping Point
The speaker draws on their experience and knowledge to explain why they believe the Supreme Court will take the radical step of overturning Roe and Casey. They highlight the significance of having five justices in agreement, using a reference to 'Sesame Street' to underscore the importance of counting to five for a majority decision. The speaker recounts the history of the Casey decision and how it allowed states to impose barriers to abortion, leading to the current situation where abortion access is increasingly limited. They also discuss the impact of recent anti-abortion legislation in Texas and Mississippi, and the likelihood that the Supreme Court will uphold these restrictive laws.
🌐 Strategies for a Post-Roe America
In response to the anticipated overturning of Roe and Casey, the speaker proposes new strategies to protect reproductive rights. They call for the building of a strong social justice movement and the importance of electing legislators who support reproductive health at all levels of government. The speaker envisions a world where reproductive freedoms are realized through policies such as universal childcare, paid parental leave, and programs to address maternal mortality and systemic racism in healthcare. They also advocate for over-the-counter birth control, comprehensive sex education, and the removal of barriers to abortion access, including medication abortion being available without a prescription.
🗳️ The Power of Political Activism
The speaker concludes by emphasizing the necessity of political activism to ensure that reproductive rights are safeguarded in law and the Constitution. They argue for the election of pro-choice candidates to all levels of government and the potential for a constitutional amendment guaranteeing gender equity, which would protect the rights to make decisions about abortion, pregnancy, marriage, sexuality, and parenting. The speaker inspires the audience to take action, from voting to running for office, to preserve and extend reproductive freedoms for current and future generations.
Mindmap
Keywords
💡Supreme Court
💡Roe v. Wade
💡Planned Parenthood v. Casey
💡Reproductive rights
💡Overrule
💡Infant mortality
💡Abortion restrictions
💡Viability
💡Maternal mortality
💡Political activism
💡Constitutional amendment
Highlights
The speaker predicts that Roe v. Wade will be effectively nullified within a year, removing the constitutional right to an abortion.
The speaker has argued two abortion cases in the Supreme Court, including the landmark case Planned Parenthood v. Casey.
The speaker believes that the Supreme Court is likely to overrule Roe and Casey, undermining the right to choose abortion.
There is hope for preserving reproductive freedoms through collective action and advocacy for broader reproductive rights.
Opponents of abortion often cite religion, fetal rights, and women's health as reasons for their stance, but these are challenged in the talk.
The speaker argues that abortion opponents are essentially imposing their religious views on others.
Concern for fetal rights is questioned, with a call to address the high infant mortality rate in the U.S. instead.
The safety of abortion as a medical procedure is emphasized, and restrictions are criticized for making it less safe.
The fixation on banning abortion is seen as a means of controlling women and limiting their societal participation.
The importance of counting to five—achieving a majority of Supreme Court justices—is highlighted as crucial for legal outcomes.
The speaker recounts the 1992 Casey decision and the pivotal role of Justice Kennedy in upholding abortion rights.
The current Supreme Court cases from Texas and Mississippi are discussed as likely catalysts for overturning Roe and Casey.
A post-Roe scenario is painted, with many states expected to ban abortions and women needing to travel for services.
The need to abandon the 'Save Roe' strategy and adopt new approaches to protect reproductive rights is emphasized.
Building a strong social justice movement and electing pro-reproductive health legislators are proposed as key strategies.
The potential world under pro-choice control is envisioned, with policies supporting childcare, education, maternity/paternity leave, and reduced maternal mortality.
The speaker calls for the over-the-counter availability of birth control, comprehensive sex education, and accessible abortion services.
A constitutional amendment guaranteeing reproductive rights, including abortion, is suggested to safeguard against Supreme Court decisions.
The importance of political activism, including voting and running for office, is stressed to achieve these changes.
The end of Roe is not the end of the fight, and action is the antidote to despair in preserving reproductive freedoms.
Transcripts
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