The 1973 Roe v. Wade decision was a bare-minimum protection of abortion rights. The case argued that the choice to terminate a pregnancy was a matter of privacy, a decision between a pregnant person and their doctor. While the decision made it impossible for the government to directly interfere with the procedure itself, Roe and the 1993 Casey v. Planned Parenthood left room for states to legislate abortion away by creating arbitrary barriers.
“Roe is the floor and not the ceiling” is a common rallying cry. But even as a floor, it’s a poor one at best.
This means that gestational limits on abortion, mandatory waiting periods, medically inaccurate “counseling,” and a prohibition on using federal dollars to fund abortion have created a reality for many that makes abortion impossible to access.
In fact, many people have been living in a post-Roe reality for a long time.
“Roe is the floor and not the ceiling” is a common rallying cry around efforts to pass the Women’s Health Protection Act, which would codify Roe in federal law. But even as a floor, it’s a poor one at best. The very act of putting a boundary on abortion opened the door for that right to be chipped away, piece by piece, even if there wasn’t much there to begin with.
Because of this, while abortion might have theoretically been legal, it was never wholly accessible. And it didn’t prevent overzealous prosecutors from criminalizing abortion wherever possible either. Though on paper Republicans claim to be against criminalizing abortion seekers, states like Louisiana have already introduced laws that would charge those who have abortions with homocide. While using the legal system as a form of violence against abortion seekers might be the newest page in the GOP playbook, violence from the anti-abortion mob is nothing new.
Since Roe v. Wade, there have been dozens of instances of murder, bombing, arson, assault, harassment, and threats of all of the above, and the numbers of these are only increasing. When Roe falls, the frenzy will escalate, endangering abortion seekers, clinic staff, and volunteers.
But there is hope.
People will always seek abortions, regardless of the legality. And thanks to new technology like abortion medications that can be obtained outside of a clinical setting; dedicated volunteers from organizations such as Elevated Access and Apiary, who are willing to transport patients across borders; and cities like Oakland, California, and New York City that are publicly declaring themselves to be abortion sanctuaries; some people will be able to access care.
Roe as we know it is probably over, but there is still work to be done by those who are able. For those who are living in one of the states where abortion will remain legal, becoming a clinic escort can help alleviate some of the harassment and violence that abortion seekers and clinic staff face—harassment that will likely escalate in the coming months.
Another option is to volunteer to provide practical support, such as housing, childcare, or transportation for those traveling long distances for abortions. The distance that some abortion seekers will have to travel, especially for abortions later during pregnancy, is going to increase exponentially, and being able to provide free housing or transportation will help offset the already expensive costs of care.
For those in states where abortion will become illegal, consider hosting fundraisers and tapping your local networks to raise money for your community of people who might need to travel to access care. Host house parties, bake sales, raffles, or auctions. Lobby your local officials and pressure them to support legislation that affirms the right of all people to access abortions.
The battle to save Roe might be over, but the fight for abortion access continues.