John, 

On June 24, the U.S. Supreme Court overturned Roe v. Wade–the landmark ruling that established the constitutional right to abortion almost half a century ago.¹ Now, abortion rights are under attack in 26 states, with eight enacting bans on the same day the ruling was released.² These laws range from six-week bans that would outlaw abortion before someone even realizes they’re pregnant to laws that would allow the jailing of healthcare professionals for performing the procedure.^3,4 Overturning Roe not only infringes on the bodily autonomy of Black people, it affects our privacy. The court’s ruling puts the right to contraception, legalized same-sex marriage, and other 14th Amendment rights at risk. It’s why we are continuing to fight to protect abortion-seeking people since Texas passed its Senate Bill 8 last year.

Not only will the abortion ban disproportionately harm Black people, it also puts us at higher risk for criminal investigation.⁵ People are already being jailed for miscarriages and stillbirths.⁶ Data shows Black people experience higher rates of miscarriage and stillbirth, and this invasion of privacy will further the overcriminalization and disenfranchisement of Black communities.^7,8 While Roe v. Wade was never enough to ensure equitable access to reproductive healthcare for Black communities, we must fight even harder in this moment to ensure a pregnancy outcome does not result in a prison sentence.

Nevertheless, this setback is not the final battle in the fight for reproductive justice. The communities we build will protect us from systems that seek to destroy our self-determination. Here’s how Color Of Change is fighting back:

• Prosecutor accountability - District attorneys represent one of the few lines of defense against this attack on bodily autonomy due to their immense discretion over whether to charge someone with a crime. By demanding prosecutors keep law enforcement out of personal health decisions, we can make it safer for pregnant people caught in this widespread attack on reproductive freedom.

• Tech accountability - From mega-corporations like Facebook and Google to menstrual cycle-tracking apps like Flo Health and Clue, tech companies collect data that states can use to criminalize abortion. That includes online searches for pregnancy symptoms, geolocation data, and information on whether someone has missed their period. Even if these companies don't willingly share consumer data, a subpoena could force them to hand over that data. By sending postcards to tech company decision-makers and demanding they stop collecting this sensitive information, we can prevent states from identifying people seeking abortions.

• Corporate accountability - Since 2016, corporations like Coca-Cola, CVS and so many others have donated as much as  $2.6 million each to anti-abortion political groups.⁹ By demanding that corporations end donations to any groups and lawmakers that support abortion bans, we can financially disempower and reduce the influence of anti-abortion groups.

Even though we’re devastated by the death of the Roe decision, a better future can be realized. We can build a world that centers the needs of Black women, trans, non-binary, and disabled people. Our bodily autonomy should not depend on unelected justices pushing a white supremacist agenda. We must work collectively to protect ourselves and our communities.

Until justice is real, 
—Jade Magnus Ogunnaike and the Color Of Change team

P.S. Please donate to abortion funds and learn how to keep your reproductive decisions private and secure.

References: 

1. Nina Totenberg and Sarah McCammon, “Supreme Court overturns Roe v. Wade, ending right to abortion upheld for decades,” NPR, June 24, 2022, https://act.colorofchange.org/go/357413?t=10&akid=53414%2E4731121%2EwYpVaJ.
2. Elizabeth Nash and Lauren Cross, “26 States Are Certain or Likely to Ban Abortion Without Roe: Here’s Which Ones and Why,” Guttmacher Institute, October 28, 2021, https://act.colorofchange.org/go/355684?t=12&akid=53414%2E4731121%2EwYpVaJ.
3. Caroline Kitchener and Devlin Barrett, “Anti-abortion Lawmakers Want To Block Patients From Crossing State Lines,” The Washington Post, June 29, 2022, https://act.colorofchange.org/go/357953?t=15&akid=53414%2E4731121%2EwYpVaJ/. 
4. “Court Lets Tennessee 6-Week Abortion Ban Take Effect,” US News, June 28, 2022, https://act.colorofchange.org/go/357415?t=17&akid=53414%2E4731121%2EwYpVaJ. 
5. Madiba Dennie and Jackie Fielding, “Miscarriage of Justice: The Dangers of Criminalizing Pregnancy Outcomes,” Brennan Center for Justice, November 9, 2021,  https://act.colorofchange.org/go/357416?t=19&akid=53414%2E4731121%2EwYpVaJ.
6. Patricia Hurtado and Francesca Maglione, “In a post-Roe world, more miscarriage and stillbirth prosecutions await women,” Bloomberg, July 5, 2022, https://act.colorofchange.org/go/357417?t=21&akid=53414%2E4731121%2EwYpVaJ.
7. Ashley Nellis, “The Color of Justice: Racial and Ethnic Disparity in State Prisons,” The Sentencing Project, October 13, 2021, https://act.colorofchange.org/go/25768?t=23&akid=53414%2E4731121%2EwYpVaJ.
8. Sarah Green Carmichael, “Criminalizing abortion will hurt Black women most,” The Washington Post, June 26, 2022, https://act.colorofchange.org/go/357418?t=25&akid=53414%2E4731121%2EwYpVaJ.
9. Judd Legum and Rebecca Crosby, “These 13 Corporations have spent $15 Million supporting anti-abortion politicians since 2016,” Popular Information, May 4, 2022, https://act.colorofchange.org/go/357419?t=27&akid=53414%2E4731121%2EwYpVaJ.

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