COMMENTARY | Rights don’t matter if you can’t access them and afford them
“There’s a sorry situation in the United States, which is essentially that poor women don’t have choice. Women of means do. They will, always.”
Justice Ruth Bader Ginsberg made these remarks at Duke University School of Law three years ago, but her words are more resonant than ever in 2018.
“Let’s assume Roe v. Wade were overruled and we were going back to each state for itself,” she continued. “Well, any woman who could travel from her home state to a state that provides access to abortion … . So if you can afford a plane ticket, a train ticket or even a bus ticket, you can control your own destiny — but if you’re locked into your native state, then maybe you can’t. That we have one law for women of means and another for poor women is not a satisfactory situation.”
This is why Planned Parenthood Advocates of Oregon fights every day to keep abortion not only safe and legal but also accessible and affordable. Rights don’t matter if you can’t access them and afford them.
It’s also why Planned Parenthood PAC of Oregon educates voters about which candidates trust women to make their own personal medical decisions — regardless of income, race, gender, sexual orientation, immigration status or ZIP code. We are ready to shift the balance of power in 2018 by electing leaders who will stand with and fight for all of us.
When Justice Ginsburg was appointed to the U.S. Supreme Court 25 years ago, she gave real answers and affirmatively declared the constitutional right to safe, legal abortion.
In contrast, during his confirmation hearings, Brett Kavanaugh avoided more than a dozen opportunities to say whether he believes women have a constitutional right to abortion. He even refused to say whether he agreed with Justice Sandra Day O’Connor’s very basic statement that a woman’s right to make her own reproductive decisions is connected to her overall equality. The only thing that Kavanaugh would say about Roe is that it’s “settled precedent.”
Let’s be clear: Just because Roe is a legal precedent doesn’t mean it can’t be overturned. Kavanaugh knew what he was doing by parroting this canned response.
We already know how Kavanaugh would rule on Roe because Donald Trump told us so: He promised to only nominate justices who would overturn it. And looking at Kavanaugh’s record, you can see a history of arguments against access to abortion, birth control and health care:
• Kavanaugh has argued for “bosses overriding women’s access to birth control.”
• Kavanaugh has ruled in favor of the government’s overreach to block a woman’s access to abortion.
• One of Kavanaugh’s former clerks even stated that “no court of appeals judge in the nation has a stronger more consistent record” than Kavanaugh on “enforcing restrictions on abortion.”
• Kavanaugh praised a dissent in Roe, calling the constitutional right to abortion a “freewheeling” reading of the Constitution.
In addition, Dr. Christine Blasey Ford has bravely brought forward a specific and documented account of sexual violence by Kavanaugh. (Editor's note: The New Yorker has since reported that Senate Democrats are investigating a second allegation of sexual misconduct by Kavanaugh. Meanwhile, Kavanaugh and Blasey Ford were scheduled to testify in a public hearing Thursday before the Senate Judiciary Committee.)
These serious allegations are further disqualifying and cement that he is unfit to serve on the highest court in the land. As a health care provider, Planned Parenthood has seen firsthand the devastating consequences for people in states like Texas, where politicians have restricted access to abortion. Patients are traveling hundreds of miles, crossing state lines and waiting weeks to get an abortion, if they can access services at all. These barriers often have a disproportionate impact on communities of color, who already face systemic barriers in accessing quality health care. If Roe is overturned, it will become impossible to seek or provide legal abortion in some states.
Fortunately, Gov. Kate Brown signed landmark legislation last year that safeguards abortion rights in Oregon if Roe is overturned. The Reproductive Health Equity Act also expands access to the full range of reproductive health care — from family planning to postpartum care to safe, legal abortion — regardless of income, gender identity or citizenship status.
Gov. Brown is a steadfast champion at a critical time for women’s health and rights, and Planned Parenthood PAC of Oregon is proud to endorse her for re-election. Her opponent, Knute Buehler, is masquerading as a moderate, but he voted against the Reproductive Health Equity Act and has promised to restrict access to abortion in Oregon.
Oregon voters will also face a dangerous constitutional amendment that would reduce access to health care for the most vulnerable Oregonians who already face significant barriers to receiving high-quality care. Ballot Measure 106 is a backdoor ban on abortion that would impact more than 250,000 women on the Oregon Health Plan, as well as more than 75,000 teachers, nurses, firefighters and other public employees. Nearly 400,000 Oregonians could lose the ability to decide when and whether to become a parent if we don’t all turn in our ballots and vote NO.
No matter how you feel about abortion, no one should be denied health care because they cannot afford it. Measure 106 will not make abortion go away; it will just make it more unsafe. We do not want to see abortion made inaccessible in Oregon. We urge you to pledge to vote no on Measure 106 at NoCutsToCare.com.
These are fights we can win. Americans across the board support access to abortion. Support for Roe v. Wade is at a record high, with more than 70 percent of Americans supporting access to abortion — including a majority of Democrats, Independents and Republicans.
Just last year, grassroots momentum won a seemingly “impossible” fight when we stopped Trumpcare in its tracks. Those same issues are mobilizing grassroots efforts against the nomination of Brett Kavanaugh, against Knute Buehler and against Ballot Measure 106.
For thousands of Oregonians across this state, this fight isn’t political; it’s personal. Reproductive freedom is the foundation of opportunity for individuals and their families. And we will never stop fighting for them. Please volunteer, donate and VOTE to make sure we protect access to safe and legal abortion.
Emily McLain is the executive director of Planned Parenthood Advocates of Oregon and Planned Parenthood PAC of Oregon. For more information visit PPAOregon.org.
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