Indivisibles,

Today, a day after the Supreme Court heard oral arguments on a case with
far-reaching implications for abortion access across the United States,
we’re going to do something that we’ve never done before: We’re going to
send you an email that’s not actually for you at all. 

Here’s what we need you to do first: Think about three people in your life
who share our values. They could be friends, family, neighbors, former
classmates, your kid’s best friend’s mom (you get the idea). Jot them
down. They should be people you think care about democracy. People who
care about our freedom and our choices. People who, sure, will vote in
November -- but people who might be interested in doing more and may not
know what more they could be doing. 

Got them? Great. In a few minutes, we’re going to ask you to do something
with this list.

Did someone just forward you this email?

Hi! Welcome. First, congratulations on having such a great friend who,
obviously, thinks the world of you. We hear you’re the kind of person
who is worried about our democracy and attacks on our reproductive
freedoms. If that’s accurate, you’re in the right place. And we’ve got
to talk about what happened yesterday at the Supreme Court and what’s at
stake in November. So, keep reading.

First, Let’s Talk About Yesterday at the Supreme Court

On Tuesday, a Supreme Court stacked with Donald Trump’s MAGA justices
heard oral arguments in [ [link removed] ]a case that could jeopardize abortion
access even in blue states that have taken measures to protect it. 

Here are the five things you need to know about FDA v. Alliance for
Hippocratic Medicine and Danco Laboratories, L.L.C. v. Alliance for
Hippocratic Medicine (because they illustrate how Republicans are working
through the courts and the legislatures to roll back reproductive rights
nationwide):

 1. [ [link removed] ]Judge-Shopping in Amarillo: Just two months after the Supreme Court
overturned Roe and ended federal constitutional protection for
abortion, a coalition of five anti-abortion medical groups, none of
which are based in Texas, incorporated as the Alliance for Hippocratic
Medicine. Three months later, they filed a lawsuit in Amarillo, Texas.
This maneuver ensured their lawsuit would be heard by U.S. District
Judge Matthew Kacsmaryk, a “Trump-appointed darling of the far right,”
known for his conservative rulings and anti-abortion views. 
 2. [ [link removed] ]False Claims Against Mifepristone: The lawsuit against mifepristone
is filled with unfounded claims, challenging the drug's safety despite
its proven efficacy and the positive outcomes experienced by more than
6 million Americans. These allegations ignore the substantial body of
research confirming mifepristone as a safe (safer than Tylenol, in
fact) and effective component of medication abortion, demonstrating a
deliberate attempt to distort the drug's safety record for ideological
ends.
 3. [ [link removed] ]Outdated Legal Arguments: Plaintiffs in the case have invoked the
Comstock Act of 1873, a long-defunct law originally aimed at
prohibiting the mailing of "obscene" materials, to argue against the
FDA's approval of mifepristone. By asserting that the distribution of
mifepristone through the mail violates this nearly 150-year-old
statute, the lawsuit attempts to apply an outdated legal framework to
modern medical practices and regulatory decisions, showcasing a
desperate reach to curtail reproductive rights.
 4. [ [link removed] ]A Threat to FDA’s Regulatory Authority: A victory for the
plaintiffs would not only jeopardize access to mifepristone but also
challenge the FDA's longstanding authority to make science-based
decisions on medication. It’s an unprecedented attack on the FDA’s
independence, with potential implications for the regulatory process,
and could put every approved medication in the political crosshairs
(including birth control and HIV medications).
 5. [ [link removed] ]Exploiting Legal Technicalities to Undermine Reproductive Rights:
The plaintiffs are so-called “pro-life doctors” who claim it would
cause them a serious moral injury to treat a patient with emergency
complications from taking mifepristone -- which are incredibly rare,
and they’ve never been forced to do. This stretch for legal standing
exemplifies how anti-abortion advocates are misusing the judicial
system, aiming to set a precedent that could restrict access to
reproductive healthcare nationwide. Their strategy showcases a clear
intent to dismantle protections for reproductive rights, leveraging
the courts to enact a nationwide agenda against abortion.

At yesterday’s oral arguments, even some of the Republican justices
sounded skeptical of the baseless claims presented by the anti-abortion
plaintiffs, suggesting the Court may decide the plaintiffs haven’t proved
they have standing to sue. This is what you’re going to see in today’s
news stories. 

Unfortunately, even if that best-case-scenario ends up being the Court’s
ruling, Justices Thomas and Alito’s questions about the Comstock Act will
likely be taken as a clarion call by anti-abortion extremists to bring
forward a case attempting to enforce that long-defunct federal law as a
nationwide ban on all abortion.  

This shouldn’t surprise us -- because this has never just been about Roe. 

It’s Time To Start Acting Like A Nationwide Abortion Ban Is Imminent Under
Donald Trump and Republicans -- Because It Is

In the lead-up to the Dobbs decision (which overturned Roe v. Wade), many
people didn’t believe that it was something that could happen -- thanks,
in large part, to the constant Republican narrative and subsequent media
coverage that Roe was “settled law.” 

Senator Ben Sasse called people who were warning others that the
constitutional right to abortion was at risk “hysterical.” Senator Susan
Collins called it “over-the-top rhetoric and distortions.” Senator Lisa
Murkowski assured us she could never imagine Amy Coney Barrett voting to
overturn Roe.

We’ve all seen what happened next. Amy Coney Barrett and the Republican
majority on SCOTUS voted to overturn Roe, Republican elected officials
have already imposed abortion bans in 21 states, and last year, they
introduced more than 380 state bills attacking access to reproductive
healthcare. One in three women lives in states where abortion is not
accessible. A 10-year-old rape victim was forced to leave her home state
of Indiana to get an abortion. Kate Cox waited for a bunch of politicians
to rule and still ultimately had to leave Texas to end a pregnancy with a
lethal fetal diagnosis. Brittany Watts was charged with a felony after
miscarrying at home. And these are just a fraction of the stories of
people who have paid the price for the first step in Republicans’ plans to
eradicate our reproductive rights nationwide. 

Unfortunately, the exact same pre-Dobbs gaslighting is happening now --
Republicans are telling voters that abortion should be left up to the
states. When a national abortion ban comes up, they shake their heads,
wave their hands, and say, “Nothing to see here!” And voters are buying
it.

The Evidence

Real-talk: Donald Trump and Republicans WILL ban abortion nationwide if
they win in November. We’re not saying it because it makes for a good
dramatic email or to, as Senator John Cornyn accused us, “stoke fears and
mislead the American people.” We’re saying it because Republicans are
telling us that’s what they'll do. Here are five pieces of evidence.
Sourced. Verified. Black and white:

 1. Their budget: This week, the Republican Study Committee (RSC), which
represents 100% of House Republican leadership, [ [link removed] ]released a budget
that champions a national abortion ban without exceptions for rape or
incest; advances the same dangerous concept of fetal personhood that
the Alabama Supreme Court used to undermine IVF access; advocates for
both the prohibition of mifepristone and blocking the FDA from ever
approving abortion medications; proposes to revoke policies aiding
veterans in accessing abortion care for health, life-threatening
situations, or in cases of rape or incest; and slashes funding for
contraception for low-income and uninsured women.
 2. A 15-week national abortion ban: [ [link removed] ]Donald Trump signaled his support
for a 15-week national abortion ban.
 3. Failure to protect IVF: In the past month, Senate Republicans have
twice blocked [ [link removed] ]legislation protecting IVF access.
 4. … Or contraception: Republicans in the House and Senate have
[ [link removed] ]repeatedly stood in the way of codifying access to contraception.
 5. … Or mifepristone: 145 Republican Members of Congress [ [link removed] ]signed an
amicus brief in yesterday’s case, asking the Supreme Court to slash
access to the abortion pill.

What This Means for the Next 222 Days and What You Can Do Right Now

The implications of the upcoming election couldn’t be more dire. A Trump
victory, bolstered by a Republican Senate, would pave the way for a future
where the Supreme Court (and lower courts) are stacked even further
against reproductive rights. It’s a future where ideological rulings could
obliterate even more of our choices and freedoms. 

Donald Trump and a Republican-led Congress have told us their plan. The
only question now is whether we take them at their word.

Are you already on our email list?

Take those three names you wrote down a few minutes ago and forward this
email to them. Add your own personal messages at the top about what’s at
stake, ask them to read this message, and tell them we need them to get
involved -- however they can -- right now.

Then, [ [link removed] ]let us know how much time you can commit and what you’re
interested in doing between now and November to stop Donald Trump and
Republicans’ plans for a nationwide abortion ban.

And if you want to do something right now before our GOTV work gets
started, you can [ [link removed] ]chip in to help scale up our electoral program as
big as possible.

Receive this message as a forward?

[ [link removed] ]Fill out this form, and we’ll send you everything you need to take
action to protect our reproductive rights nationwide. You can commit as
little or as much time as you’ve got between now and November, but
sitting on the sidelines isn’t an option.

If you haven't already, you should also [ [link removed] ]find your nearest
Indivisible group on your home turf. If there isn’t one nearby, we’d
love to talk to you about how our team can help you start one and get to
work organizing in your community (and for starters, [ [link removed] ]you should
check out our new group orientation materials).

We’re really glad you’re here.

We should know by now that no one is going to save us from Donald Trump
and the Republican playbook to ban abortion nationwide. Not the Republican
establishment. Not the media. Not the courts. Look around -- there’s
nobody but us. 

We have to stop him.

In solidarity, 
Indivisible Team

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