THE SUPREME COURT CANNOT HAVE THE LAST WORD ON REPRODUCTIVE FREEDOM

Biden must test the limits of his authority by issuing Executive Orders that remind voters in the midterm elections how Democrats would govern if given the opportunity.

QUICK READ: President Biden must challenge the unpopular decisions imposed by the Supreme Court’s extremist supermajority with the only weapon at his disposal—bold Executive Orders reinstating, to the extent possible, rights the Court improperly took away or narrowed. The Executive Orders he issues must test the limits of his authority—to demonstrate clearly to the electorate what Democrats would do if allowed to govern after November. While this Daily Action focuses on access to abortion care, future ones will push for Executive Orders on guns and the climate crisis.

TAKE ACTION NOW:

BACKGROUND

The Supreme Court’s MAGA Republican supermajority overturned the settled right to reproductive freedom, gutted the government’s ability to combat the climate crisis, and severely limited how it can protect Americans against gun violence.

Since then, MAGA Republicans in the Senate, helped by several Democrats, thwarted House-passed legislation restoring the right to abortion and meaningfully controlling guns.

Democrats and independents are asking: “Why should I vote if nothing passes and SCOTUS guts whatever gets through the GOP blockade?”

All is not lost, however, because President Biden can change the political order, not just accept SCOTUS’ unprecedented judicial activism, with Executive Orders.

Biden must use this power to the fullest—showing Americans what Democrats would do, if allowed to govern. 

And Trump judges enjoining some Orders will only remind voters what MAGA Republicans will do if they regain power.

Beyond Biden’s vague July 8 order, he should immediately: 

  •  Declare abortion access a public health emergency

  • Ensure full accessibility of medicated abortions

  • Require hospitals receiving Medicare to provide abortion care

  • Provide funds for recipients’ travel 

  • Establish abortion services on federal land.

Our MoCs must continue impressing on Biden that the above bold approach will convince Democratic voters to turn out in November.


ACTION One: Call the Senate.

Script for Oregon Senators

SEN. MERKLEY: Portland office: 503-326-3386 | D.C. office: 202-224-3753

My name is [--] and I'm a constituent from [city], Oregon [zip code].

Thank you for trying to establish a federal right to reproductive freedom. At this point, however, the only way to limit the destructive effects of the Supreme Court’s appalling misreading of history is through executive action. Please continue to impress on the President that the orders he issues must test the limit of his executive authority. Even if some are overturned by Trump judges, bold actions will clearly demonstrate to American voters what Democrats would do, if allowed to govern, and will help turn out voters in the midterms.

SEN. WYDEN:

Portland office: 503-326-7525 | D.C. office: 202-224-5244

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Thank you for trying to establish a federal right to reproductive freedom. At this point, however, the only way to limit the destructive effects of the Supreme Court’s appalling misreading of history is through executive action. Please continue to impress on the President that the orders he issues must test the limit of his executive authority. Even if some are overturned by Trump judges, bold actions will clearly demonstrate to American voters what Democrats would do, if allowed to govern, and will help turn out voters in the midterms.

Script for Republican Senators

D.C switchboard: 202-224-3121

My name is [–] and I’m a constituent from [city], [state], [zip code].

Do you see what your anti-abortion rhetoric has created? You are causing extreme, unnecessary misery to children, pregnant people, and health care providers and exposing Republicans as the uncaring religious zealots they are. It is time to start protecting the rights of your constituents rather than eliminating them.


ACTION TWO: Call the House.

Script for Suzanne Bonamici (OR-01)

Oregon office: 503-469-6010 | DC office: 202-225-0855

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Thank you for quickly responding to the Supreme Court’s extinction of the constitutionally protected right of reproductive freedom, although these bills will die in the Senate. This leaves only Executive Orders. Please impress on the President that the orders he issues must test the limit of his executive authority. Even if some are overturned by Trump judges, bold actions will clearly demonstrate to American voters what Democrats would do, if allowed to govern, and will help turn out voters in the midterms.

Script for Cliff Bentz (OR-02)

Medford office: 541-776-4646 | DC office: 202-225-6730

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Do you see what your anti-abortion rhetoric has created? You are causing extreme, unnecessary misery to children, pregnant people, and health care providers and exposing Republicans as the uncaring religious zealots they are. It is time to start protecting the rights of your constituents rather than eliminating them.

Script for Earl Blumenauer (OR-03)

Oregon office: 503-231-2300 | DC office: 202-225-4811

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Thank you for quickly responding to the Supreme Court’s extinction of the constitutionally protected right of reproductive freedom, although these bills will die in the Senate. This leaves only Executive Orders. Please impress on the President that the orders he issues must test the limit of his executive authority. Even if some are overturned by Trump judges, bold actions will clearly demonstrate to American voters what Democrats would do, if allowed to govern, and will help turn out voters in the midterms.

Script for Peter DeFazio (OR-04)

Eugene office: 541-465-6732 | DC office: 202-225-6416

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Thank you for quickly responding to the Supreme Court’s extinction of the constitutionally protected right of reproductive freedom, although these bills will die in the Senate. This leaves only Executive Orders. Please impress on the President that the orders he issues must test the limit of his executive authority. Even if some are overturned by Trump judges, bold actions will clearly demonstrate to American voters what Democrats would do, if allowed to govern, and will help turn out voters in the midterms.

Script for Kurt Schrader (OR-05)

Salem office: 503-588-9100 | DC office: 202-225-5711

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Thank you for quickly responding to the Supreme Court’s extinction of the constitutionally protected right of reproductive freedom, although these bills will die in the Senate. This leaves only Executive Orders. Please impress on the President that the orders he issues must test the limit of his executive authority. Even if some are overturned by Trump judges, bold actions will clearly demonstrate to American voters what Democrats would do, if allowed to govern, and will help turn out voters in the midterms.

ACTION 3: GOOD TROUBLE

GOOD TROUBLE: Below are opportunities to fight for our democracy. As John Lewis said, go make some “good trouble.” 

  • Please watch the Jan. 6 Committee hearings, originally scheduled to air this Thursday at 5 pm (PST).

further reading:

Under Pressure, Biden Issues Executive Order on Abortion

Congressional progressives introduce 10 executive actions relating to abortion access pressuring Biden to do more

Congressional Progressive Caucus Reproductive Freedom Action Agenda 2022

Senators urge Biden to declare a National and public health emergency on reproductive rights

House Passes Two Bills Seeking to Ensure Access to Abortion

Texas sues Biden admin for requiring abortions in medical emergencies

Confusion post Roe spurs delays, denials for some lifesaving pregnancy care

What a Reckoning at the Supreme Court Could Look Like

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