Letter from an Editor | September 18, 2021
Dear John,
This past Tuesday, the Department of Justice (DOJ) filed an emergency motion for a temporary restraining order or preliminary injunction to stop the unconstitutional Texas abortion ban’s enforcement. Then on Wednesday, 24 state attorneys general filed an amicus brief in support of the Justice Department’s position.
In its emergency motion, the DOJ explained how Texas had devised a “scheme that seeks to deny women and [abortion] providers the ability to challenge” the clearly unconstitutional law in federal court. Further, the DOJ asserted the injunction was necessary “to protect the constitutional rights of women in Texas and the sovereign interest of the United States in ensuring that its States respect the terms of the national compact.”
In other words, federal constitutional rights trump a state’s attempt to deny those rights.
In the past few weeks since SB8 took effect, many have been forced to seek abortion services outside of Texas. Clinics in New Mexico, Oklahoma, Kansas and Louisiana – and even as far away as New York – have been flooded with appointment requests from Texans. And given additional state-level restrictions in Louisiana and Oklahoma (waiting periods and parental notification requirements), the delays for women and girls seeking abortions can be insurmountable.
It is not an understatement to say that this ban is a matter of life or death. We know that these bans don’t stop abortions — they just force people who don’t want to be pregnant into potentially dangerous and life-threatening situations.
But it’s also important to remember that these bans aren’t equally dangerous for everyone — and likewise, they are not equally enforced. As Ms . contributor Michele Goodwin reminds us, SB8’s enforcement mechanism harkens back to the Fugitive Slave Laws, which just like SB8, deputized virtually anyone to be their enforcer. From slave laws to today’s abortion bans, Black women have always borne the brunt of efforts to regulate women’s bodies and reproduction.
On October 2nd , the Women’s March will take to the streets all across the country to mobilize for reproductive rights. See our story below on how to find a Women’s March near you.
The time to act is now. In the days and months ahead in the fight for our constitutional rights – including voting rights, the Equal Rights Amendment and the right to abortion – you can count on Ms . to keep you informed and connected.
For equality,
Kathy Spillar
Executive Editor
This Week's Must-Reads from Ms .
DOJ Files Emergency Motion to Stop Texas Abortion Ban, with Support from Democratic Attorneys General [[link removed]]
Rally for Reproductive Rights: Women’s March Returns October 2 [[link removed]]
Afghanistan: What Happens Next? (with Karen J. Greenberg, Gayle Tzemach Lemmon, Renee Montagne and Gaisu Yari) [[link removed]]
Sixth Circuit Blocks Tennessee Abortion Bans: “Access to Abortion Is a Constitutionally Protected Right” [[link removed]]
Boston Will Soon Have a Woman Mayor; How Can the U.S. Get More Women Judges?: Weekend Reading on Women’s Representation [[link removed]]
The End of Roe v. Wade? (with Dorothy Roberts) [[link removed]]
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