Activists Planning Strategies To Crush, And Defend, Abortion Rights

AP: Both Sides Planning For New State-By-State Abortion Fight 
As the Supreme Court court weighs the future of the landmark 1973 Roe v. Wade decision, a resurgent anti-abortion movement is looking to press its advantage in state-by-state battles while abortion-rights supporters prepare to play defense. Both sides seem to be operating on the assumption that a court reshaped by former President Donald Trump will either overturn or seriously weaken Roe. “We have a storm to weather,” said Elizabeth Nash, state policy analyst for the Guttmacher Institute, a research organization that supports abortion rights. “We have to weather the storm so that in the future — five, 10, 15 years from now — we’re talking about how we managed to repeal all these abortion bans.” (Khalil, 12/6)

The Hill: Mississippi Governor Says He Will Enforce Law Banning Most Abortions In State If Roe Is Overturned
Mississippi Gov. Tate Reeves (R) on Sunday said his state will enforce a law banning most abortions if Roe v. Wade is overturned, days after the Supreme Court held a hearing on the Magnolia State’s 15-week abortion ban that could chip away at the landmark 1973 ruling .A "snapback law" for abortion is currently in existence in Mississippi, which calls for most abortions in the state to be banned if Roe v. Wade is overturned. The only exemptions to the law would be rape and if the life of the mother is in danger. (Schnell, 12/5)

The Hill: Klobuchar Says 'Best Way' To Protect Abortion Rights Is To Codify Roe V. Wade Into Law
Sen. Amy Klobuchar (D-Minn.) on Sunday said the “best way” to protect abortion rights in the U.S. is by codifying Roe v. Wade’s verdict into law. Asked by host Chuck Todd on NBC’s “Meet the Press” if the U.S. should consider determining abortion regulations through legislatures or referendums rather than Supreme Court decisions, Klobuchar made the case for codifying the 1973 decision through legislation. “Fifty years of precedent -- as Elena Kagan pointed out, 50 years of decisions and court decisions, part of the very fabric of women’s existence in this country, this is how our country protected rights. And now they're willing to just flip it on its head. And so what is the answer?” Klobuchar said. (Schnell, 12/5)

The Washington Post: Twin Republican Strategies Brought The Antiabortion Movement To The Cusp Of Victory In The Supreme Court
The Supreme Court’s oral arguments over the future of abortion restrictions put into sharp relief the twin forces that appear to have brought the high court to the edge of either overturning or dramatically curtailing the landmark 1973 Roe v. Wade decision, which gave women nationwide a right to most abortions. Decades of political organizing by abortion opponents have transformed the Republican Party into a force for remaking courts, and a separate revolution in law schools has created the intellectual foundation to make it possible. (Scherer, 12/4)

In related news about Roe v. Wade —

NBC News: Anti-Abortion Advocates Thrilled With Possibility Of Overturning Roe V. Wade
It’s taken decades, but anti-abortion activists feel like they’re on the cusp of history after the Supreme Court signaled Wednesday a willingness to weaken Roe v. Wade, and they’re already gearing up for the inevitable multifront fight that will erupt if the court rules in their favor. “We've been working towards this goal for many years, so I think we are fully prepared,” said Carol Tobias, the president of the National Right to Life Committee. “We've got 50 state affiliates and state legislators across the country ready to take up the challenge.” (Seitz-Wald, 12/4)

The New York Times: What An America Without Roe Would Look Like
Last week’s Supreme Court arguments on a Mississippi abortion law raised the prospect of a return to a time half a century ago — when the procedure was illegal across most of the United States and women, perilously, tried to end pregnancies on their own or sought back-alley abortions. If the court decides to reverse or weaken the landmark Roe v. Wade ruling, it will usher in a somewhat different era. Abortion would remain legal in more than half of states, but not in a wide swath of the Midwest and the South. (Miller and Sanger-Katz, 12/5)

Politico: Why The Threat To Roe May Not Save Democrats In 2022 
The quick-setting gospel in Washington, D.C. last week was that any rollback of Roe v. Wade next year would trigger a Democratic revolt, placing abortion rights at the center of the midterm elections and sparking unprecedented turnout on the left. But in the days since the Supreme Court’s oral arguments on a case from Mississippi, a more sober and nuanced assessment has begun to settle in. Interviews with more than a dozen Democratic strategists, pollsters and officials reveal skepticism that the court’s decision will dramatically alter the midterm landscape unless — and perhaps not even then — Roe is completely overturned. Privately, several Democratic strategists have suggested the usefulness of any decision on abortion next year will be limited, and some may advise their clients not to focus on abortion rights at all. (Siders, 12/5)

Also —

KHN: Texas Toughens Ban On Medication-By-Mail Abortions With Jail Time And Hefty Fine 
Texas already had the most restrictive abortion laws in the U.S. — and they just got tougher. On Wednesday, a new law took effect that adds penalties of jail time and a fine of up to $10,000 for anyone who prescribes pills for medication abortions through telehealth or the mail. Texas bans all abortions after cardiac activity can be detected in the embryo, which typically occurs about six weeks into pregnancy — often before people realize they’re pregnant. Medication abortions via telehealth or mail were already illegal in Texas, and the new criminal penalties took effect on the day the Supreme Court heard arguments in a Mississippi case that ultimately could overturn Roe v. Wade, the landmark 1973 ruling that established a constitutional right to abortion. (Lopez, 12/6)

The New York Times: After Success In Seating Federal Judges, Biden Hits Resistance 
After early success in nominating and confirming federal judges, President Biden and Senate Democrats have begun to encounter stiffer Republican resistance to their efforts to reshape the courts. Tennessee Republicans have raised objections to Mr. Biden’s pick for an influential appeals court there — the administration’s first judicial nominee from a state represented by two Republican senators — and a circuit court candidate is likely to need every Democratic vote to win confirmation in a coming floor showdown. The obstacles threaten to slow or halt a little-noticed winning streak for the Biden administration on Capitol Hill. (Hulse, 12/5)