Washington DC—Reaction was swift outside the U.S. Supreme Court as hundreds of protesters arrived within minutes to join in a mass condemnation of the judicial body over its ruling to abort 50 years of reproductive liberties. The Court ruled 6-3 in favor of Dobbs in the Mississippi case Dobbs v. Jackson Women’s Health Organization, to effectively end Federal protection to reproductive rights, Federal protections were first granted in the 1973 ruling in Roe v. Wade and permitted individuals to decide whether or not to abort a fetus.
Outside the Court dozens of police stood guard behind 15 foot metal fences which were separated from protesters with a second line of barricades, while furious pro-choice activists expressed discontent outside the lifeless building. The metal fences, police lines, concrete barricades, and metal barricades gave the Court a surreal aura of a bunkered body under siege and held captive by the discontented citizenry surrounding it. Movement towards or near the Court was at least as difficult as that of a federal prison.
Metal fences have become a common default on Capitol Hill to deal with the onslaught of grievances ever since the January 6 2020 coup attempt.
There are 26 States already planning to further restrict bodily autonomy as provided in Dobbs. Rights to abortion are still protected in 24 States. This ruling means that individual rights to reproductive healthcare will now be determined by geographical location or the State in which one resides and will not be determined across the land as a consequence of a general ruling and a right. This idea goes to the heart of the purpose of the Court—to rule equally for everyone. Dobbs inextricably does not accommodate that.
This ruling has deepened the perception among Americans that the Court is out of step with the preferences of most Americans—established by a Gallup poll published yesterday—that only 25% of Americans view the Court favorably, an all-time low. A 2020 Pew Poll survey taken in May found that 74% of Americans believe abortion rights should be granted in most cases.
Activists say this decision will result in the death and maiming of many who will be forced by law to give birth. The activists are planning to support underground railroads providing healthcare assistance to counter the Court’s ruling.
The unauthorized release of Associate Justice Samuel Alito’s draft opinion last month on May 2 sparked protests outside the Court that have gone unabated for the last 7 weeks. A group of activists calling themselves SCOTUS 6 Ground Team have been engaged in pass-by protests outside the homes of right-wing members of the Court since early May. The protests have been vocal but peaceful and there have been no arrests despite heavy lines of police outside the Justices’ homes.
Associate Justice Sonia Sotomayer Stings Majority Ruling in Her Dissent
Justice Sonia Sotomayer gave a stinging rebuke to the Dobbs decision calling in question the logic of the ruling. It was only yesterday that the court ruled in New York State Rifle & Pistol Association, Inc. v. Bruen that NY State would not have autonomy in determining “common cause” license constraints for concealed carry of handguns outside the homes of licensed handgun owners. The Dobbs ruling in comparison goes counter to this reasoning by granting States more autonomy in that they get to decide how restrictive reproductive rights will be, even if it means taking them away altogether, which some States have already done.
Associate Justice Sotomayer’s dissent tackled the majority opinion at the crux of its arguments, writing in part, the majority is “acting at practically the first moment possible,” “eliminates a 50-year-old contitutional right that safeuards women’s freedom,” “breaches a core rule-of-law principle,” “places in jeopardy other rights,” and “undermines the Court’s legitimacy.”
Reproductive Rights Activists React With Anger and Resolve
Activists reacted with anger and bitterness at the Dobbs ruling, they questioned the legitimacy of the Court, and they expressed views that the fabric of democracy had been irreparably damaged. In expressing their concerns they also anticipated this outcome but resolved to work to counter it.
Sadie, one of the activists who has been out in the neighborhoods of conservative justices protesting nearly every day since Samuel Alito’s draft opinion was leaked, said she was enraged and devastated. “I’m pissed the f— off. I think people need to come out on the streets. I think what’s next, according to Clarence Thomas is gay rights. This is the baby-steps to fascism we’ve been expecting. Its time to rise up.”
Sadie took aim at individual members signing the Dobbs majority opinion, especially that of Clarence Thomas and his wife Ginni Thomas who has recently been implicated in attempting to influence the outcome of the 2020 Arizona State vote. “I don’t think anybody should be allowed to sit on the Supreme Court whose wife tried to overthrow the government.”
Julie, another reproductive rights activist who was also out front of the Supreme Court when the decision was announced, was also disheartened but not surprised. “We’ve been fighting this for a while and we’re just going to continue to fight.” Julie jostled with several forced-birth advocates when they attempted to place their signs in her face during this interview.
Julie said that the Dobbs ruling would have serious health consequences for the well-being of women. “Women all over this country are going to feel the effects of this immediately so I am very heartbroken for them for sure.” She gestured towards forced-birth advocates who were celebrating the ruling, saying, “Its not going to be anyone they know but it will be somebody everyone else knows and they’re going to suffer immense consequences that they’re not with healthcare anymore.”
Joseph Little, a Baptist Minister, who has also participated in daily protests since Alito’s draft-opinion was leaked, carried a sign reading ‘Forced Birth is Enslavement.’ “In this country where people who look like me We have made it clear
Little also expressed anger and frustration at the Dobbs ruling. “Whenever you take away a person’s ability and right to choose that is oppression. The Bible clearly says that we are supposed to correct oppression [and] in this country we have failed.”
Little placed blame in part on the Democratic Party for not standing up when Then Senate Majority Leader Mitch McConnell delayed by 10 months consideration of then President Barrack Obama’s Supreme Court nomination of Merrick Garland in 2016; then sidestepped a Congressional hearing and vote altogether, leaving a vacant seat vacant in the Court for the next elected President, Donal Trump. “They stole a seat from President Obama and the Democrats did nothing but lay over and allowed them to take that seat,” he said. He was also critical of the Democratic Party for not taking steps to put Roe v. Wade into a Federal Statute. “Democrats’ failure to codify Roe v. Wade failed to protect the oppressed people in this country,” he said.
Beth, an educator in DC who came to the Court to protest in anticipation of the ruling, said that it was the wrong decision and she would stand by her students no matter what. “I’m going to continue to fight for choices that my children have now and in the future and that they deserve control over their bodies and they have the right to control their bodies.”
Eliza, a woman’s rights activist expressed disgust at the Dobbs decision. “I’m appalled that this is happening in this day and age. We deserve better than this. Women deserve better than this. There aren’t going to be less people who need [abortions] there is only going to be less access to safe abortions.”
Eliza was highly critical of the Court decision. “All they’re doing is putting women in danger. They’re not helping anyone and they’re not saving anyone.”
Discontent Outside Court As Dobbs Ruling Was Issued
Reproductive rights activists and forced-birth opponents vied for space and media access in the moments before the Dobbs ruling was issued. Jubilant forced-birth opponents who far outnumbered reproductive rights activists, goaded and laughed at after the ruling, further enflaming tensions. At several points Capitol Motorcycle Police separated the groups. As word of the decision spread, dozens of reproductive rights groups converged on the streets outside the Supreme Court. They were followed by media outlets from around the country and from other countries who sought interviews with opponents. The chaotic scene descended into near physical altercation but with all the cameras and police, skirmishes did not materialize.
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