The Democrats Will Not Save Bodily Autonomy from Republicans

POLITICO has obtained a draft majority opinion from within the U.S. Supreme Court that represents the abolition of landmark abortion rights case, Roe v. Wade. The situation so many had warned of and expected is here. A Supreme Court representing some of the most regressive worldviews in America, who are accountable to no one, and are selected by Presidents who have never received a majority of eligible voters’ ballots is striking down one of the most fundamental rights one is supposed to have in a ‘free’ society. And where are the Democrats? Those bastions of social justice, vindicators of women’s rights, and champions of the disenfranchised? Well, they’re where they’ve always been. Sitting directly beside Republicans as they decide which rights to rob from the poors.

The Democrats have had ample opportunity in the decades since Roe v. Wade to codify the right to a safe and legal abortion in legislation. Most recently, President Obama possessed a supermajority in 2009 which could have done so easily. The only problem is, the Democrats didn’t want to. One can disagree about the reason for not enshrining this right in law; whether it is because of apathy from Obama and other Democrats or focus on other legislation is irrelevant. The opportunity was there, and he had promised to pass the Freedom of Choice Act if elected. When elected, he walked this back, saying “the Freedom of Choice Act is not my highest legislative priority”. Again, whether he is as feckless as this broken promise and statement characterizes him or he was dodging the issue due to knowing the votes weren’t there in Congress is not the most important factor. The most important factor is despite possessing a filibuster proof majority of Democrats in Congress, the Freedom of Choice Act nor any similar act were passed establishing the right to choose. Why is that?

Democrats fundraise and market themselves endlessly as pro-choice, especially when placed up against the spectre of the Republican party; but pro-choice views are not a litmus test for the Democratic party. Nor are pro-life views for the Republican party. There are strong correlations, but nothing that affirms ‘Republicans are ____ because ____’ or ‘Democrats support _____’. High ranking Democratic elected officials have had views ranging from support for candidates who oppose abortion rights to now President, Joe Biden remarking early in his career “I don’t like the Supreme Court decision on abortion. I think it went too far. I don’t think that a woman has the sole right to say what should happen to her body.” His support for access to abortion would show itself to be malleable over the years, but no organization fighting for these rights would ever call him more than the most fickle and tenuous of allies. So which is it? Are the Democrats the only thing in the way of Republicans erasing one of the most fundamental individual rights? Or are they simply a more politically correct version of the Republicans they alternate between demonizing and lionizing?

The Democrats may not have a supermajority but they have majorities in every chamber of congress. If they wish to push through abortion rights legislation, all that needs to be done is to lean on Democrats who say they will vote against such a law. If they do anyways? Use everything at your party’s disposal to separate yourself from that official. They have made their choice. Eliminating the filibuster is simple and would allow for more progressive policies to be passed through simple majorities. But the Democrats don’t want that. Those in power like the way things are right now. They remain rich and somewhat powerful, even if they are never allowed to use their power to enact systemic and material change. Eliminating the filibuster violates some imagined rule or decorum that certain Democrats hold themselves to, but will be eliminated by Republicans at the first opportunity because they care about using power, not being held back by it.

Likewise, the option to stack the court with as many young, progressive judges as is possible is on the table. Actually, it’s been on the table from the minute President Biden was sworn in. The Supreme Court is a wholly undemocratic institution, and should eventually be abolished or restructured; however, while it exists it only makes sense to use it to the utmost in order to protect vulnerable groups. In a country with maternal mortality rates as high as the U.S., (rates which are worse when one factors in race and income) limiting abortion is not only an attack on autonomy, but on mothers’ lives. Women and other people with uteruses should not be held by the Democratic party as a bargaining chip with which to propagandize and fundraise off of. The Democrats have campaigned for decades on protecting women, and have presented themselves as allies to trans and non-binary people with uteruses: It’s time for them to put up or shut up. Lives are at stake.