Opinion: One year after Dobbs, abortion rights are on the ballot

Thirteen years ago, I became the first member of the Virginia House of Delegates to be pregnant while in office. I committed that I would fight to expand rights for the next generation so that my two kids and millions of other children have more rights and opportunities than the generations before them.

Then, on June 24, 2022, I became the first generation of my family to lose a constitutional right. 

The U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision was an attack on reproductive freedom for millions of Americans. One year later, abortion rights remain under attack across our nation.

Last year, Justice Samuel Alito wrote in his majority opinion that “each state” should no longer be stopped “from regulating or prohibiting abortion.” In doing so, he intentionally opened the floodgates for states to pass abortion bans, and many have.

Abortion is now fully banned in 14 states, and abortion bans are currently in litigation in states such as Florida, South Carolina, and Indiana. Starting in just one week, on July 1, a 12-week abortion ban with numerous onerous obstacles, including a 72-hour mandatory delay, will go into effect in North Carolina, which borders my district.

Virginia, meanwhile, remains a key state for abortion access, thanks to legislation I passed with Delegate Charniele Herring in 2020. As one of the few southern states without an abortion ban, we have seen a significant uptick in patients coming from other states, which will only increase when North Carolina’s ban takes effect next week.

The fight for reproductive freedom didn’t end with Dobbs; it entered a new, heightened phase with higher stakes. And those stakes have increased the importance of elections at both the state and the federal level. Abortion really is on the ballot, and it will continue to be on the ballot over the next two years. That’s why it’s so critical we win pro-choice majorities in legislatures, including in Virginia in 2023, and that we reelect President Joe Biden, Democratic governors, and Democrats in Congress in 2024.

Virginia provides a model for progress. As a new mother, I read from my copy of “What to Expect When You’re Expecting” on the state House floor to correct misinformation behind a legislative attempt to restrict access to abortion through medically unnecessary requirements. Republicans nonetheless passed an ultrasound requirement and targeted restrictions on abortion provider (or TRAP) laws. Voters elected a Democratic governor and Senate the following year.

In 2020, we passed the Reproductive Health Protection Act, which removed medically unnecessary barriers to abortion access such as 24-hour waiting periods, mandatory ultrasounds, state-mandated, biased counseling, and outdated TRAP laws. The legislation also allowed qualified nurse practitioners to provide abortions early in pregnancy, greatly expanding access to medication abortion. The bill was the first proactive abortion access bill to be passed in any southern state.

Virginia’s status as a key access point for reproductive freedom is on the ballot again in 2023, as Democrats are working to hold the Senate and gain control of the House of Delegates in order to prevent Republican Gov. Glenn Youngkin from signing a restrictive abortion ban into law.

The 2024 presidential election will also play a major role in the future of abortion rights. Republicans in Congress have made no secret about their intent to pass a federal abortion ban and confirm anti-abortion judges, and every 2024 Republican presidential candidate is running on an extreme anti-choice record. Meanwhile, President Joe Biden and Vice President Kamala Harris have been stalwart allies. President Biden supports congressional actions to codify Roe v. Wade, and if Congress passes a national abortion ban, the president has vowed to veto it.

On the issue of reproductive health, the public stands strongly with President Biden and the Democratic Party. The Dobbs decision is deeply unpopular, and it continues to cost Republicans elections up and down the ballot. As Democrats, we will not be afraid to run on the issue of reproductive rights, and the public stands with us.

The battle for progress can often be a long one, but we must continue to work to expand rights for future generations. The Dobbs decision activated millions of Americans whose voices will not be silenced as we fight for reproductive rights and a better future for generations to come.

U.S. Rep. Jennifer McClellan, a Democrat, represents Virginia’s 4th Congressional District. As the first Black woman elected to Congress from Virginia, she has dedicated her life to ensuring that all Virginians have their voices heard in government.