Supreme Court rules against Roe v. Wade; shakes up and angers AANHPI communities

A woman wept after hearing the Supreme Court decision on Roe v. Wade.

Even though the Supreme Court's decision on a woman's right to make decisions about her own healthcare was expected, today's ruling sent shockwaves reverberating throughout the Asian American, Native Hawaiian and Pacific Islander communities.

The National Asian Pacific American Women’s Forum (NAPAWF)  condemned the U.S. Supreme Court ruling in Dobbs v. Jackson’s Women Health Organization. Today’s final ruling overturns nearly 50 years of legal precedent on federally protected access to abortion.

“This is a direct and pernicious assault on people of color, including Asian American and Pacific Islander (AAPI) communities where the path to abortion care is riddled with language barriers, cultural stigmas, and low rates of insurance coverage among our most vulnerable community members,” says Isra Pananon Weeks, interim executive director and chief of staff of National Asian Pacific American Women’s Forum (NAPAWF). 

The radical conservative majority of the U.S. Supreme Court struck down Roe v. Wade on Friday, ending the constitutional right to abortion in those states restricting abortion and threatening access to reproductive healthcare nationwide.

The NAPAWF statement was issued after the Supreme Court's 6-3 ruling in Dobbs v. Jackson Women's Health Organization was issued along ideological lines, with all three liberal justices in opposition.

"With sorrow—for this court, but more, for the many millions of American women who have today lost a fundamental constitutional protection—we dissent," wrote Justices Elena Kagan, Sonia Sotomayor and Stephen Breyer in their seething 59-page dissent.

“We believe in a Constitution that puts some issues off limits to majority rule. Even in the face of public opposition, we uphold the right of individuals — yes, including women — to make their own choices and chart their own futures. Or at least, we did once,” wrote the three moderate justices.

About one-fifth of pregnant Asian Americans may seek an abortion, a rate comparable to that of non-Hispanic white women, according to a study by City University of New York.

The restrictions approved by SCOTUS could take effect almost immediately in 13 states who have laws waiting for the Supreme Court ruling.

Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming—Republican-controlled legislatures have put in place "trigger bans" designed to outlaw abortion once Roe is overturned.

“This is a dark moment for our country,” said Caliofrnia's Attorney General Bonta, the first Filipino American AG for the state. “This court’s decision is outrageous, unprecedented, and dangerous. It blasts our nation back into the dark ages. Millions are now facing a stark reality when it comes to their right to choose. People all across the nation — their bodies, futures, and families — will be hurt by this decision."

California is home for the largest number of AANHPI in the country making up about 17% of the population, or about 6 million, based on the 2020 Census.

"In California, we refuse to turn back the clock and let politicians exert control over a person’s body. Despite the decision, abortion remains fully protected here in California," says Bonta. "We’ll keep fighting to strengthen and expand access to safe and legal abortion. ... Abortion remains a legally protected right in our state and, in California, we won’t backslide.”

“The cultural, economic, and logistical barriers for AAPI community members, especially those working for low-wages in frontline, service jobs, make traveling and getting an abortion often difficult if not impossible,” says Weeks.

AAPI women are overrepresented in the frontline and service industry, often working without health insurance and paid medical or family leave. Sixty-six percent of Asian Americans and 30% of Native Hawaiian and Pacific Islanders also speak a primary language other than English at home which creates difficulties in accessing health care due to overwhelming language barriers. In addition, nearly two-thirds of Asian Americans and one-fifth of Pacific Islanders are foreign-born.

Nikki Tran of Maryland protested outside the Supreme Court last May. Since then, Chief Justice
John Roberts joined the five Justices on her poster in today's ruling.

“As the country’s fastest growing racial and ethnic group, a third of Asian Americans and Pacific Islanders now live in one of the 26 states where abortion access has vanished. Gutting Roe cuts off access to abortion care and puts the well-being and financial stability for millions of AAPI women and families at tremendous risk,” says Weeks. The AAPI population, for instance, in Georgia and Texas has grown 138% and 128%, respectively since 2000. Both states are now primed to ban abortion following today’s Supreme Court ruling.

“The decision in Dobbs v. Jackson’s Women’s Health Organization is tragically wrong – overturning decades of established precedent, eroding basic human rights for millions of Americans and taking our country backwards and endangering many other civil liberties we take for granted," said John Yang, president of Advancing Justice, legal rights advocates. 

"We filed an amicus brief in this case with the National Asian Pacific American Women's Forum because of our concern for the Asian American and broader immigrant community," continued Yang. "Given that Asian Americans are among the fastest-growing populations nationwide with nearly two-thirds of the population being foreign-born, we have grave concerns about the impact this decision will have on our communities. 

"Bans on abortion care are going to heighten fears of adverse immigration consequences for undocumented individuals, refugees, and other immigrants regardless of their immigrant status. We will need to come together to find a way to support our communities while we explore every course of action to reclaim this fundamental human right.”

Justice Thomas' opinion said that he and his fellow right-wing justices are not done  taking away Americans' rights in other areas, as well.

“Today’s devastating reversal is not only about reproductive rights, but protections for the LGBTQ community, voting rights, and marriage equality. With legislators across the US repealing early voting and mail-in ballot expansions, and the Supreme Court refusing to protect the Voting Rights Act, AAPI interests, including the right to an abortion, are being sidelined,” says Weeks.

“After two years of increasing anti-Asian hate, NAPAWF is no stranger to legislators overlooking our concerns or witnessing attacks on our health and safety," continued  Weeks. "We will not back down. Asian Americans and Pacific Islanders, other communities of color, and a majority of all voters support legalizing abortion. It is time for elected officials to act on our interests.”

"The Supreme Court has now mandated forced pregnancy, taking away an intensely personal freedom for pregnant people to make decisions about our own bodies with a doctor or loved one, and instead bringing politicians into your decision and your bedroom," said Rep. Pramila Jayapal (D-Wash.), chair of the Congressional Progressive Caucus. "Every woman, every family, every pregnant person should fear what this means for their futures."

"It is important that Americans understand that this Supreme Court and Republicans in Congress will not stop here," Jayapal continued. "In the opinion, the [conservative] justices say explicitly that the court should reconsider 'all substantive due process precedents,' including the right to contraception, to same-sex marriage, and to same-sex relationships."

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