Messaging Guidance for U.S. Supreme Court Decision in Dobbs v. Jackson Women’s Health

Messaging Guidance for U.S. Supreme Court Decision in
Dobbs v. Jackson Women’s Health

Today, the United States Supreme Court took the dreaded step to overrule Roe v. Wade and Planned Parenthood v. Casey with its decision in Dobbs v. Jackson Women’s Health. The Court has now restricted the right of hundreds of millions of Americans to decide for themselves whether to have an abortion, uprooting decades of precedent and a right upon which hundreds of thousands of Americans have relied.

While it is tempting to focus only on the sadness, fear, and anger of the day, we must stick together and clarify in our communications both the urgency of the moment, and the ways in which we must continue to push forward toward justice until full rights are realized for everyone.

We recognize that this opinion jeopardizes other rights beyond abortion and reproductive freedom. This may include the rights of people in same-sex relationships and interracial relationships, and the right to use contraceptives.

Therefore, it is critical to advance a narrative that recognizes the inherent values at stake in this decision, including Dignity, Equal Justice, and Freedom.

We recommend bringing a values-focused framework when talking about this issue and focusing on solutions rather than the problems.

Key Takeaways

Dobbs is a fundamental threat to reproductive liberty and justice.  

Dobbs allows states to ban abortion, with devastating impacts on the reproductive freedom and health of millions of Americans – especially low-income people of color.  

Dobbs opens the door to weaken or eliminate many other fundamental rights. 

The Court’s decision threatens the right to privacy. Should a court apply the logic in Dobbs, attacks on our freedom to access contraception or to marry who we love, regardless of race or gender and sex, could be next. Right-wing activists and lawyers are already planning their assault. 

Dobbs overrules landmark precedent, weakening the court's legitimacy.  

Roe v. Wade had been the law of the land for nearly 50 years. SCOTUS has significantly undermined its own legitimacy by ignoring its own precedent. 

Key Questions

Some people say that this case is only about abortion and people who say otherwise are being alarmist. How should advocates respond to this?

A: It is clear that the Court could be leaving itself room to do additional harm to justice with this ruling because of its exceptionally narrow approach to due process rights. The ruling’s restrictive view is contrary to the approach taken in some of the Court's most important decisions, including cases that protect the rights to same-sex marriage or the right to obtain contraception. This approach to judicial rulemaking could result in the erosion of other fundamental rights that Americans rely on every day.

What about the concept of the “living Constitution?”

A:  We share certain core values, but the way we express them changes as time passes. And that is what “living constitutionalism” is about -- when we interpret the Constitution to include certain rights not explicitly enumerated in the document, but which reflect evolving understandings and allow a more expansive interpretation of the Constitution that is not only popular, but will result in expanding rights and increasing opportunity for all Americans.

How do we stay energized and involved?

A: Despite this decision, the aspiration for justice and the world that we are trying to achieve must stay at the forefront. There are still many ways to protect abortion rights by advocating for legislation and executive orders at the state, local, and federal levels. We know from history as our guide that it takes time – sometimes generations – to achieve justice. And we must continue to put forward aspirational narratives that call for nothing short.

Craft your message using VPSA

P.S.

Click here or here or to find a list of local and state-wide abortion access organizations to support, and here for resources and tools to take action on abortion access as well as an "Adopt-A-Clinic" Program.