From Brennan Center for Justice <[email protected]>
Subject Abortion rights are essential to democracy
Date May 5, 2022 12:28 AM
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Tell Congress: Reform the filibuster
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Dear Supporter,

A draft majority opinion in Dobbs v. Jackson, the Mississippi abortion ban case before the U.S. Supreme Court, leaked to the public on Monday. Justice Alito’s draft text, which Chief Justice Roberts has confirmed as authentic, is nothing short of chilling. The ruling would strip away the long-established right to abortion and relegate women to second class citizenship, ushering in a dark new constitutional order.



The maximalist language in the draft opinion — which could still be changed before it becomes final — makes clear that the Court’s majority has a far-reaching agenda. In addition to overruling Roe v. Wade, the Court seems to have set its sights on reversing prior rulings on marriage equality, birth control, and other constitutional rights.

A conservative supermajority has enabled the radicalization of the Court. As the Court guts federal protections, the harms are greatest in states that are the most gerrymandered and where voters’ voices are most systematically disenfranchised. We are now seeing the fallout of our distorted democracy.

If the draft opinion becomes law, millions of people will have their previously affirmed right to abortion stripped away. According to the Guttmacher Institute, 26 states have already passed or are likely to pass laws that would ban all or most abortions. This is especially dangerous for women of color and those without the means to seek abortion care in another state.

But while this opinion is a draft, we have a short window of opportunity to act. Please take a moment to add your voice: Tell Congress to reform the filibuster

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It is the only way to pass vital democracy reform and other laws such as the codification of the protections of Roe.

Radical action by the Supreme Court — the result of a long-term conservative legal movement — could still be checked by legislation. Although the Senate lacks 60 votes to pass much important legislation, it can reform the filibuster to allow a simple majority vote. And history shows that there is ample precedent for changing Senate rules — the filibuster has been modified 160 times before.

Make no mistake: Roe is still the law of the land, and for now, abortion care is still legal. But this draft opinion outlines a very dangerous and immediate threat to accessing that constitutional right.

Add Your Voice

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America is backsliding on both women’s rights and democracy — a truly alarming moment in our history and our global standing. Reforming the filibuster would not only protect the right to choose, it would also clear a path for major democracy reform.

Thank you for taking action,

The Brennan Center for Justice


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Brennan Center for Justice at NYU School of Law

120 Broadway, Suite 1750 New York, NY 10271

646-292-8310

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