Yesterday we wrote about the dangerous approach of a rogue Supreme Court not only dismissing any constitutional right to privacy when it struck down Roe v Wade, but also threatening (in Justice Clarence Thomas’s words) to go back and “correct” Obergefell, Griswold, etc.
This Court not only does not respect precedent, but has an activist intent to roll back the last fifty years of expanded rights for women, people of color, LGBTQ+ Americans, and anybody who has sex outside the missionary position.
What can ordinary Americans do in the face of an activist, rogue Supreme Court with the power to literally recast our hard-won civil rights when an old man taps “Enter” on his keyboard?
A lot, actually.
The suggestions below revolve around Roe v Wade, but — more importantly — reflect our position that both the power and responsibility to exercise and defend our rights IS actually in the hands of the people.
If you believe that the ramifications of the Supreme Court deciding that the constitutional right to privacy does not exist and that the States now have the right to eliminate the bodily autonomy and reproductive rights of women are critical threats to the American experiment, here are some possible actions you can take:
- Dozens of large companies have announced that they will cover part or all of the expenses of their employees who need to travel to another state to receive abortion services. Patronize them and thank them. More to the point, seek out local companies that are large enough to do this, and ask them directly to join the movement.
- At least a dozen other states are considering, or have already passed, “safe haven” laws for women who travel to them for medical procedures. Such laws protect the privacy of their travel detail and medical records from government intrusion. Contact your Delaware Senator or Representative and ask them to sponsor such a bill in the General Assembly’s next session.
(By the same token, since we apparently cannot have legalized marijuana yet, ask them to sponsor a bill giving “full faith and credit” and reciprocity to the medical marijuana laws of other states, so that cancer patients passing through Delaware don’t run the risk of being hassled for using their medicine.) - Begin to inform yourself of all the rights that can be called into question by a cascade from this decision, and encourage your legislators to consider amendments to the State Constitution that protect those rights more certainly than a mere addition to the Delaware Code.
A “right to privacy” amendment that addresses more than abortion is more necessary than ever these days. It’s worth noting that the right to privacy in Alaska’s constitution safeguarded people smoking marijuana in their own homes long before the current legalization movement began to get traction.
(Delaware is also one of the few states that only requires one party in a conversation to consent to its recording — which means nobody on the phone with you is required to tell you they are recording the call. These kinds of issues and many others need to be addressed while we are correcting the Supreme Court.) - Begin posting and sharing as widely as possible all information that women in the red states will need to avoid, subvert, and resist state laws that infringe on their rights. We can do that from Delaware with safety, but there are already indications that lawmakers in the midwest are considering trying to criminalize such activities.
If you know ways to safely order Plan B despite State restrictions … share them. If you have solid information about law enforcement looking to use social media or apps to gather date on pregnant women or physicians to target them for intimidation or arrest … share it. - If you are “pro-life” but do not agree that appropriate policy is heavy-handed state laws, there are things you can do as well. Start advocating for accessible, high-quality pre-natal and post-natal care, especially for single women, poor women and/or women of color who may lack the resources to take adequate care of the fetus they are going to be legally required to carry to full term.
Be consistent with your values and argue that child support, tax credits, and other benefits be backdated to the moment of conception. Get out there and help the hundreds of thousands of unwanted kids already in State custody around the nation find families, despite the fact that they are older, have special needs, or may not match the ethnicity of potential parents. In other words, live your values consistently, and take away from abortion rights proponents the ability to criticize you for caring more about the “unborn” than already living, breathing children.
In this you see the emergence of two key tenets here at Non-Partisan Delaware.
First, we believe both that people of good faith and civil approach can come together to tackle the most difficult problems that divide us, but that the identifying labels of party and ideology too often prevent that from happening.
Second, we believe that the ultimate responsibility for our lives does not reside in the government — especially when the State is controlled by the relentlessly partisan of any persuasion. We believe not just in protest and electioneering, but in taking non-violent action to subvert, resist, and evade unjust laws and regulations.
Whatever your stance on the many issues we will raise (and none will agree with us 100% of the time — we don’t even all agree with each other), Non-Partisan Delaware is committed to collaboration, respect, and the maximum amount of human freedom, pursued by innovative and always non-violent means.
