In this week's issue we try to make sense of a post-Roe era, talk to Texas abortion activists about what's next, explore how the filibuster undermines our democracy, and offer abortion resources for Texans and beyond. Read more:
The description of journalism as"the first draft of history" was perhaps never as literally true as it was Monday night, when, of all people, broke the biggest scoop of the 21st century to date. The D.C. insider tip sheet published a draft opinion by Justice Samuel Alito, apparently written in February, in which he and his four most conservative colleagues on the U.S.
Any thought that this might be old news – that we've known since late 2020 at a minimum, after Donald Trump appointed his third justice to the court, thatwas doomed – has been belied by the speed and intensity of the reaction to the dawn of this unchosen, unwanted stretch of history. Two out of three Americans have never known an era when abortion was illegal, even as its availability has been steadily curtailed across about half the country.
All of those people – all of us, that is – are not going to change their minds about reproductive rights just because Samuel Alito feels that protecting choice is not sufficiently"rooted in history." In just a couple of days, the contours of the new era have taken shape. In half of the states , abortion rights have already been codified, in some cases written directly into state constitutions. Those places are already making plans for their new status as refuges and safe havens.
And sure, we should also vote in people who think the government should reflect what its constituents actually believe. We should help our friends in states with flippable Senate races this year – Pennsylvania, Wisconsin, Ohio, Florida, North Carolina – to get new Dems in power and push Joe Manchin into that same hole, so we can codify a federal right to abortion for at least a little while.
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