The Supreme Court building, a replica of a Greek temple at the top of large steps, has taken on the appearance of an entrenched camp. It has been surrounded by high metal palisades and every two meters stands an armed policeman. But for the demonstrators on the other side, this device is above all the symbol that the highest court, dominated by arch-conservative judges, most of them Catholics, has isolated itself from the real country and is totally out of phase with the positions of the majority of Americans. According to polls, almost 60% of the population is indeed in favor of maintaining the legality of abortion.
As soon as the announcement, yesterday morning, of the judgment which eliminates the constitutional right to abortion, which has been protected for nearly 50 years, a small peaceful crowd gathered in front of the Supreme Court. The anti-abortionists who have been struggling for decades are obviously over the moon. A group with “I am the pro-life generation” T-shirts sings and dances. “It’s a great day for me and for the kingdom of God. We’re finally going to save all these babies,” enthuses Joseph, a roofer whose sign has just been angrily torn down by a counter-demonstrator.
A Catholic priest, a rosary in his hand, patiently explains to a group of angry young women that “abortion is murder”, while acknowledging that States should grant more social and financial aid to mothers. “We’ve been waiting for this for fifty years. We should never have made it a constitutional right. It’s the states that must decide,” said Michael, a bearded forty-year-old employed in the restaurant industry. And if half forbids it? “There are no problems, since a woman can always travel in one of the States which authorizes it”, he answers imperturbable. She still has to have the means.
“This judgment takes us back to the 19th century”
But as the day progresses, the pro-abortions, many young women and a few men, are more and more numerous and chant “Shame on the Court” in the middle of a forest of signs: “No! We we won’t go back!”, “Guns are more protected in this country than women”, “Democracy, not theocracy”, “If I wanted politics in my vagina, I would sleep with a senator”…
“This decision is overwhelming. The Court decides for women when it is a right, a choice,” says Julie, a forty-year-old. “It’s very sad. The judgment is catastrophic, it takes us back to the 19th century and shows that our democracy is being held hostage by a minority”, adds Debbie, a lady with white hair. “Abortion is not a good thing but the alternative is worse”. All point out that it is women from poor backgrounds, often from minorities, who will be the most affected. In 2017, three quarters of pregnancy terminations concerned American women with very modest incomes.
The mood is gloomy as protesters know there is not much to do. “I came because we have an obligation to be there. We cannot remain passive. The Court is completely disconnected from public opinion”, assures Eva, a young woman who wears a T-shirt “No uterus, no opinion”. “But these protests aren’t going to change anything,” she adds wryly.
At the same time, several states such as Kentucky and Oklahoma announced that they were making abortion illegal. Abortion will almost immediately be banned or drastically restricted in half of the states, depriving some 40 million women of access to the procedure. Some do not even provide exceptions in cases of rape, incest or fetal abnormality. Democratic states are rushing to pass measures to protect it.
The only solution would be for Congress to pass a law that legalizes the procedure. Which is unlikely to happen because the Republicans are hostile to it. The elected Democrats have asked President Biden to facilitate the sale of the abortion pill which accounts for more than half of abortions, to release financial aid to help women go to other states, to prevent legal proceedings against those same women… A group of 83 prosecutors from 28 states has publicly announced that it will not prosecute people who perform abortions.
What impact on the midterm elections?
Susan B. Anthony, a leading anti-abortion organization, plans to spend $2 million on TV spots during the November election. But no one knows what the impact of the decision will be. Republicans fear that by sounding too extreme, including banning any exceptions except maternal health, they will alienate moderate voters. As for the protesters furious with the Supreme Court’s decision, many resent the Democrats: “Why weren’t they able, when they’ve been in power multiple times, to pass a law in Congress that protects,” laments Emily, a student.
The anti-abortions, them, reassembled to block already think the continuation. They’re tweaking laws to prohibit women from going to the next state for abortions or getting abortion pills in the mail. The governor of Louisiana signed a law in June that makes it illegal to send these pills by mail, under penalty of five years in prison and a $50,000 fine. In Tennessee, it can go up to twenty years in prison.
“After abortion, conservative judges will attack many other rights and many freedoms risk disappearing,” worries Catherine, a teacher. It is not an absurd fear. Clarence Thomas, one of the Nine Wise Men, has come out in favor of reconsidering other court rulings, such as the right to contraception and gay marriage which he says should also be left to the discretion of states .