The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overturns nearly fifty years of precedent and radically changes abortion law, throwing both sides of the debate into uncharted territory. This essay, published in the immediate aftermath of Dobbs, offers some initial thoughts about what the changed legal landscape means for abortion rights legal advocacy. Our focus in recent writings has been to identify concrete measures federal and state actors can take to secure abortion access after Dobbs. Here, we investigate a more overarching concern: what fundamental values and strategies should govern the abortion rights movement going forward? To that end, we identify three themes: (1) trying creative, sometimes novel, approaches to force the antiabortion movement into a defensive posture, (2) expecting and embracing disagreement among abortion rights supporters, and (3) playing the long game. This will take a paradigm shift in movement strategy—one that is in some ways modeled after the now-successful movement to overturn Roe. Such a paradigm shift takes will, time, and responsiveness to change.
David S. Cohen, Greer Donley & Rachel Rebouché,
Re-Thinking Strategy After Roe,
Stanford Law Review Online
Available at: https://scholarship.law.pitt.edu/fac_articles/532
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