Two years since Dobbs, reproductive freedom must be protected from assault (2024)

It’s been two years since America’s highest court removed a constitutional right — for the first time in history — that Americans have relied on for almost 50 years. Its Dobbs decision opened a Pandora’s box of attacks on reproductive care.

On June 24, 2022, six Supreme Court justices decided to legislate from the bench, overturning Roe v. Wade. Two years later, 21 states have banned or significantly restricted abortion, largely on ideological grounds. But such bans have medical implications: Restricting access to reproductive care will cause more women to die and worsen health outcomes, leading to a disparate future where Americans can’t make their own health care decisions.

These restrictions are also affecting physicians and other clinicians. Former American Medical Association president Jack Resneck Jr. testified in 2022 before the House of Representatives Energy and Commerce Subcommittee on Oversight and Investigations, which I then chaired, about the ramifications of the Dobbs decision on physicians and patients. In his testimony, Resneck said that “physicians have been placed in an impossible situation, trying to meet their ethical duties to place patients’ health and well-being first, while attempting to comply with vague, restrictive, complex, and conflicting state laws that interfere in the practice of medicine and jeopardize the health of our patients. Physicians are worried about prosecution of their patients and themselves in the midst of significant legal uncertainty and this is dangerous for our patients.”

I find this reality unacceptable, and it is why lawmakers must ensure that extreme judges and politicians permanently stay out of the doctor’s office.

Across the country, Americans have heard disturbing stories about people forced to leave their home states because they were pushed to the brink of death as medical providers could not provide the care they needed. These stories include Kate Cox, a 31-year-old mother living in Texas, who needed to flee the state to receive a procedure that saved her life and protected her future fertility. She is just one of many.

As more states seek to enact similarly strict and cruel laws, more Americans will be forced to leave their homes and families behind to receive the care they need to stay alive. The impact will be even more drastic for those who cannot afford to travel to get their care.

The obsession Republican lawmakers have with controlling women’s decisions in the doctor’s office is harming many in need of care. States with the most severe abortion restrictions have the weakest maternal support systems, leading to less access to health care and shrinking financial support for vulnerable pregnant Americans. If Republicans truly cared about the sanctity of life, they would work to support new mothers and their families rather than leaving them to fend for themselves.

In Congress, House Republicans have made anti-choice legislation a top priority. While abortion bans continue to go into effect across the U.S., extreme Republicans are setting their sights on restricting access to birth control and in vitro fertilization. Former president Donald Trump has said it would be OK for states to monitor pregnant individuals to make sure they do not receive abortions. Sixty percent of the Republican conference in Congress support the Life at Conception Act, which would provide full legal rights to embryos and significantly affect the ability to receive IVF care.

This punitive agenda is not in line with the views of the American people: 57% of Americans oppose the Supreme Court’s decision to overturn Roe v. Wade and 63% say abortion should be legal in all or most cases. Although state after state has codified access to abortion in their constitutions, congressional Republicans are hellbent on enacting a national abortion ban, pushing the country toward a dark future.

The anti-choice coalition has been focused on overturning Roe v. Wade for decades. By weaponizing the courts and state legislatures, they passed extreme laws banning abortion in more than 20 states, knowing they would not pass muster under Roe. Since the laws were never enforced, the American public did not understand the immediate and severe impact they would have if they went into effect.

When the Dobbs decision activated these extreme laws, horrific examples of the devastating health effects of the denial of essential medical treatment immediately surfaced.

The pro-choice coalition, newly energized to show Americans the danger of outlawing reproductive care, has an opportunity to show that the anti-choice side is desperately out of touch with the majority of Americans as extreme politicians and judges continue to attempt to strip freedoms away at the direction of anti-abortion extremists.

I’ve been fighting against extreme anti-abortion efforts my entire career. As co-chair of the Pro-Choice Caucus in Congress, I’m working with House Democrats, even while they are in the minority, to do everything possible to protect reproductive care, from abortion to IVF. We have introduced discharge petitions, a congressional tool to circumvent the Republican majority, to force votes on bills like the Women’s Health Protection Act, which I introduced, to protect abortion nationwide. Earlier this month, we filed another discharge petition for the Right to Contraception Act, which would legally protect access to contraceptives.

House Democrats are focused on restoring abortion rights in law, while House Republicans continue to march toward a future that includes weaponized courts and a nationwide abortion ban.

In the two years since the Dobbs decision, it’s become clear that draconian abortion bans aren’t keeping the country healthy — they are pushing pregnant Americans toward more drastic measures. In every case the Supreme Court takes up that could reduce reproductive care, the Pro-Choice Caucus has led an amicus brief to the court to ensure that America’s pro-choice majority is heard.

Every American deserves access to the full range of health care. Fighting for reproductive freedom for all will continue to be our priority until every American has the freedom to make their own health care decisions.

Diana DeGette represents Colorado’s 1st Congressional District and is co-chair of the U.S. House of Representatives Pro-Choice Caucus.