Jenn Arias ’23
Staff Writer
The Supreme Court has not lost its power to shock and awe as it upheld the Dobbs vs. Jackson Women’s Health Organization case of 2018 and overturned Roe vs. Wade on June 24.
This left many citizens scared, confused, and uncertain about the future of women’s rights in this country. There are many questions about US democracy, governing style, and hierarchy of power that cannot be answered by the Supreme Court. However, continuing a dialogue about these issues is one pathway to awareness and understanding of the judicial process.
On October 3, Brown Hall started this conversation on campus by holding a presentation featuring representatives from the Woman’s Reproductive Rights Project as a part of the Illinois chapter of the American Civil Liberties Union (ACLU). Ameri Klafeta and Rachel Johnson visited to promote “Reproductive Rights Post Roe.”
Klafeta has been a lawyer for 20 years and is Director of the Project which works for women, gender, and equity all across Illinois. Johnson has been an attorney for eight years. Before she became the Project’s staff attorney, she worked for survivors, mostly in the workplace, of gender-based violence. Today, they strive to fight for rights through legislation, advocacy, and public engagement.
Most people are familiar with Roe vs. Wade, but some might not know that that was not the first case about control of women’s bodies. In 1965, Griswold vs. Connecticut ruled that any laws banning contraceptives violated “right to marital privacy.” A few years later, it was extended to unmarried women.
Yet, it seems that that little amount of control was deemed far more dangerous than the ramifications of the lack of access to this sort of healthcare. In 2018, Dobbs vs. Jackson called for a 15-week ban on abortion in Mississippi with the implied goal overturning Roe vs. Wade, however, it did not actually ask for an overturn until Ruth Bader Ginsberg’s SCOTUS seat became vacant.
This summer, Judge Alito ruled that there is nothing in the constitution that mentions abortion, therefore, it is not a right “rooted in the nation’s history and tradition.” Now, 14 states have a full ban effective, and the issue goes back to the states to decide. When all settles with the case, there are 26 states that are likely to ban it.
“For the people, it means making an appointment and getting canceled. And then making another and getting it canceled,” Klafeta said. “Sometimes they’re making three or four appointments because they don’t know where to go. We are anticipating 20,000 to 30,000 people a year coming into Illinois for health care.”
This ban leaves women very few options.
“There are three options,” Johnson said. “They can self-manage and achieve abortion without a professional, they can travel to another state, or they are forced to carry to term and deliver.”
The impact of Dobbs beyond abortion means a threat to access to contraceptives and rights to healthcare for the LGBTQ community.
“It’s already so difficult to get access because of all these barriers,” Johnson said. “They may need internet access to find abortion pills, they may need money to travel out of state, they may need childcare. It’s exponentially increased with all these bans.”
However, there is a small silver lining in living in Illinois.
“Illinois has prepared for this moment,” Johnson explained, “and we have really good laws in place.”
In 2017, HB 40 extended Medicaid coverage so those without insurance can get care. The Reproductive Health Act of 2019 ruled it is a fundamental right to have access to abortion. And the PNA Repeal of 2021 repealed the Parental Notice of Abortion Act, realizing the shame and humiliation that may be associated with sharing private information.
“We are working with abortion providers,” Johnson said, “talking to those on the front lines to make sure both in-state and out-of-state [women] have access to care. We are trying to really think through the impact and how to best provide health care in Illinois.”
There are a few suggestions given by Klafeta and Johnson for those who are interested in getting involved. First, they stress the importance of voting. There are a few Supreme Court seats up for this year’s midterms, and people can make a difference by utilizing one right that is not (yet) in question. To also help make a difference people must destigmatize talking about abortion, educate others who may not be aware of some of these cases and organizations, and donate to abortion funds and access networks. Two networks in the area are Chicago Abortion Fund and Midwest Access Coalition.
Most importantly, keep the conversation going. People do not need to be afraid of using the ‘A’ word and what that access to health care means to women and members of the LGBTQ community, a kind of care that they would not receive by others.
“It’s life-saving healthcare,” Johnson said. “It’s life-changing healthcare, so talking about it is really important.”
