Amy Coney Barrett's judicial and academic history makes one thing clear:
Roe v. Wade will be under serious threat now that she is on the Supreme
Court
[ [link removed] ]Color Of Change logo[ [link removed] ][IMG]
Your District Attorney has the power to intervene by refusing to
criminalize pregnancy.
[ [link removed] ]protect Reproductive Freedom
John,
Senate Republicans have voted to confirm Judge Amy Coney Barrett to the
Supreme Court, only 5 days before the election.
Amy Coney Barrett's judicial and academic history makes one thing clear:
Roe v. Wade will be under serious threat now that she is on the Supreme
Court. Barrett has proclaimed her dedication to “originalism” or the
belief that “constitutional text means what it did at the time it was
ratified and that this original public meaning is authoritative.”^1 This
should come as no surprise because conservatives often use this legal
justification to push back against liberal decisions involving civil
rights and the federal government’s power.^2
When faced with a decision, Barrett will likely fall in line with the
common conservative belief that the constitution has nothing to say about
abortion and it should be left to the states to decide the question for
themselves. This means states like Louisiana and Tennessee, where we've
already seen over 100 attempts to restrict access to abortion & other
forms of vital reproductive health care, will be left to their own
devices.^3 Thousands of people a year who seek abortions will be
criminalized, potentially facing prison time for a self-managed abortion,
miscarriage, stillbirth, or other pregnancy outcomes. Bottom line: no one
should be locked up for taking their reproductive healthcare into their
own hands.
That's where you come in. Amy Coney Barrett’s judicial record is clear.
Now that she has been confirmed it's crucial we call on district attorneys
to step up to protect our reproductive autonomy. Your district attorney
has the power to intervene by getting ahead of potential criminalization
by committing to exercise their discretion and refuse to prosecute based
on pregnancy outcomes.
[ [link removed] ]Sign the petition: Tell your DA it's time to protect reproductive
autonomy.
Prosecutors are powerful actors within the criminal justice system and
have incredible discretion over which cases to prosecute. That's why we're
calling on them to sign a pledge making a public commitment adopting the
following demands:
* Firm commitment to not prosecute abortion as well as other pregnancy
outcomes and a public stance reaffirming this position if any
anti-abortion legislation is passed in your state.
* A declination policy that ensures child-bearers will not be prosecuted
for their pregnancy outcomes and that feticide laws will not be used
as a proxy for punishing pregnancy loss, including but not limited to:
* Declining to prosecute pregnant people related to miscarriages,
stillbirths, or any form of pregnancy loss.
* Declining to prosecute pregnant people related to actions during
pregnancy, including medically-assisted or self-managed abortion,
drug use/possession/distribution during pregnancy where the
fetus, embryo or fertilized egg is the alleged recipient,
attempted suicide, fighting, or car accidents.
* Declining to prosecute pregnant people for alleged inactions
during pregnancy, for not obtaining or consenting to medical
treatment, not reporting a pregnancy loss or outcome or actions
or omissions of people who are often victims, characterized as a
failure to protect their fetus, embryo, fertilized egg or child.
* A plan to train all staff in the District Attorney office on a
recurring basis and through publicly available training materials on
the systemic racism and state-sanctioned violence regularly inflicted
on Black child-bearers in Louisiana.
[ [link removed] ]Your District Attorney has the power to stop the criminalization of
pregnancy outcomes. They must act NOW.
It’s crucial for district attorneys to commit to a reproductive justice
framework that supports every person’s right to have a child, not have a
child, and parent the children they do have with dignity and respect.
Because we know that pregnant Black people will be criminalized first.
We've seen this happen time and time again in cases where Black women have
been arrested for things like taking legal drugs prescribed by their
doctor, having a miscarriage, getting into a car accident, and even
falling down the stairs. Cases like Latice Fisher, Marshae Jones, Renishia
Gibbs, Kenlissia Jones, Jessie Mae Jefferson, and Keysheonna Reed, and
others, serve as a devastating example of instances in which Black
pregnant people have been forced to endure the threat of arrest and
incarceration during the moments when they are most in need of medical
care and support.
It's up to us to demand solutions that will heal and protect our
communities. And that starts with district attorneys ensuring Black
child-bearers aren't forced to choose between their reproductive health
and a prison sentence.
[ [link removed] ]Join the fight. Demand your DA commits to refusing to prosecute
child-bearers based on pregnancy outcomes.
Until justice is real,
--Scott, Rashad, Arisha, Erika, Malachi, Marybeth, Madison, Leonard,
Ernie, Ariel, Ana, McKayla, and the rest of the Color Of Change team
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References:
1. "Amy Coney Barrett’s philosophy has far worse roots than most
Americans know." Washington Post.
[link removed]
2. Ibid.
3. "Will Louisiana Be the First State to Criminalize Abortion After
Justice Ginsburg’s Death?" Rewire.
[link removed]
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[ [link removed] ]ColorOfChange is building a movement to elevate the voices of Black
folks and our allies, and win real social and political change.
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