IPPF Internal Briefing Paper

Roe v Wade SCOTUS Decision

When the U.S. Supreme Court (SCOTUS) decision on Roe v Wade is announced in late June, IPPF will be ready with advocacy messages, strategies and outreach to lead on global, regional, and local responses. If (as expected) Roe is gutted and the right to abortion is no longer guaranteed to those living in the U.S., we will activate at all levels and in all regions as fierce advocates for and defenders of the right to abortion, and to curtail opposition momentum.

This document is intended to provide IPPF colleagues with the background, talking points, and procedural guidance needed so that everyone knows their channels and lanes and feels the confidence to move forward, inform their RO or CO of their efforts, or seek guidance from their RO or CO on talking points, media engagement, advocacy efforts, and external collaborations.

Procedural guidance
Timeline and status update
FAQ
Situation in the US
IPPF’s role in the current situation
Talking points for IPPF leadership, regional offices, MAs, political partners, and CSO/activist partners
Background information on Roe v Wade

Procedural Guidelines

Using the talking points: The TPs are for use across the Federation so we’re all speaking with the same voice, but they are also meant to be adapted to your local context. Every region, country, and coalition will have their own way of working and speaking and the TPs can be adapted accordingly to reflect national or regional context. IPPF’s strength is our global diversity and perspective. You will know your regional and country context better and what messaging will resonate. If you require further guidance and clarification on the talking points or would like assistance in developing more regional specific talking points, please do reach out to Amina Khan, Global Lead, communications & digital (akhan@ippf.org) or Beth Schlachter, Director, Global Advocacy & US representative bschlachter@ippf.org .
When to seek guidance: There will be global activities between now and the final decision as well as post- decision. There may also be regional communications and advocacy efforts organised by regional colleagues and/with partners (webinars, media/op-eds, online activities, sign-on statements etc). To ensure that we are coordinated and remain consistent in our messaging and approach, please do ensure you reach out to both Amina and Beth before committing to any regional or joint comms/advocacy efforts.

Timeline and Status Update

We will use this document to coordinate information and messages during three phases in the months ahead:

Weeks between SCOTUS leak on May 2 and announcement of final ruling in late June
1. Briefing during IPPF all staff call May 26
1. Webinar sharing MA and regional perspectives, early June
1. Panel discussion during IPPF’s June Annual Consultative Meeting with Donors and Partners highlighting how IPPF MAs counter extremism with defiant activism and through the power of narratives to include Roe decision among other examples of extremism
  1. SCOTUS decision’s drop on Mondays so be prepared for this as possibility during day one of the meeting
Day of announcement and immediate aftermath/response
1. Statement by DG, Regional Directors, and others (TBD)
1. Social media toolkit shared and deployed
1. Media strategy – to be adapted for country contexts
1. Collaboration with SheDecides and other partners
Period following including UN negotiations (UNGA) and ICFP (November)
1. Coordination with country, regional, and global partners to share information and messages as impact is felt and registers outside the US
1. Collaboration by UNLO, Nexus, and other partners in advance of UN processes
1. Collaboration with ICPF
  1. possible co-hosted webinar and virtual “pulse conversation” with Dr. T on World Contraception Day (Sept 26) as part of runway/build up leading to the conference
  1. Possible events in ICFP plenary space on abortion and opposition (TBC)

We will share the SCOTUS decision when it is announced.

FAQ on Roe v Wade

Has Roe v Wade been overturned?

No, the leak draft opinion is not legally binding. However, it gives a terrifying indication of the direction towards which the Supreme Court of the United States (SCOTUS) is heading.

When will we know the final outcome of the case?

The final ruling will come in the next two months, likely in the second half of June 2022.

Can women and girls still access abortion care services in the US?

Yes, abortion remains legal in the US. People seeking abortion care can use Planned Parenthood’s abortion clinic finder tool and abortionfinder.org. You can also access up to date information from the Guttmacher Institute. People can also access medical abortion pills and information from Aid Access, Women on the Web, and Plan C.

If Roe v Wade is overturned, will there be a rise in unsafe abortions in the United States?

Banning safe and legal abortion does not reduce the need for abortion, it only increases unsafe abortions and with that increased morbidity and mortality. Twenty-six states are poised to enact “trigger laws” that will severely limit or ban all together abortion within that state. This would mean that over 36 million people of reproductive age risk losing abortion access, with low-income people and people of colour most affected as they already face a number of intersecting barriers to healthcare. However, organizations and grass roots movements like Aid Access, Women on Web, and Plan C are working to rapidly scale access; we hope that this will significantly reduce the risk of pregnant people being forced to turn to unsafe methods however as with other countries we realise that there will still be some who sadly fall through the gaps; and others who will have no option but to continue with an unwanted pregnancy.

What are the global implications if Roe v Wade is overturned?

There is no doubt that anti-abortion movements around the world will feel emboldened by any ruling that prohibits or bans abortion care. We cannot assume that these coercive movements won’t use the same tactics to dismantle abortion care in their countries. This is something IPPF will monitor closely and work to mitigate. We also recognise that conscientious providers are at increased risk and that the legal system will be further weaponsied against them, and those seeking to end an unwanted or unviable pregnancy.

It will also spur on other efforts to dismantle human rights, likely targeting LGBTQi people and vulnerable groups and there are parallel campaigns to this end.

Are Roe v Wade and the Global Gag Rule connected?

The Roe vs Wade decision is a domestic legal issue decided by the SCOTUS.

The Global Gag Rule (GGR) is a governmental foreign policy that impacts foreign NGO’s and forbids U.S. family planning funding going towards abortion care related services or advocacy. Under Trump, this was expanded to all U.S. global health assistance funding including services not directly included in family planning programs such as HIV/AIDS, water, sanitation and nutrition. The GGR is always repealed by Democratic presidents and reinstated by Republican presidents since it was first introduced by Ronald Reagan in 1984.

Both a repeal of Roe and GGR however, seek to deny women and girls the right to safe and legal abortion care.

If Roe v Wade is overturned, will this affect IPPF’s and/ or Member Associations funding or the Global Gag Rule?

Repeating for clarity, the Roe vs Wade decision is a domestic legal issue decided by the SCOTUS.

US foreign assistance funding amounts, priorities, and restrictions are determined by separate processes and will not change as a result of a court ruling about Roe v. Wade. Specifically, the Biden Administration has lifted the Global Gag Rule so organisations like IPPF and its MAs are eligible to apply for USAID funding. Also, the US has a long-standing law in place (Helms Amendment) that prohibits US foreign assistance funds from supporting abortion services as a method of family planning (it is allowed in cases of rape or incest or to save the life of the woman). That said, the impact of this decision will be felt by women around the world as unfair and reckless policies only serve to embolden other extremist and anti-abortion movements that seek to deny or claw back the rights of women and LGBTI+ people everywhere.

What do I do if I’m contacted by media?

Please forward any email requests to media@ippf.org

What is IPPF’s role in the current situation?

The role of IPPF will be to build momentum toward a different decision.
To work with partners including PPFA and others, to build awareness on the issue between now and the final ruling and post-ruling.
To provide a global perspective on the potential impact of Roe v Wade in the regions where we work – including the important context of a more emboldened opposition, attack on the rule of law and freedom.
To ensure we are linking anti-woman and anti-gender groups to the wider attacks on other freedoms (LGBTI+, refugee freedoms, democracy, and rule of law).
To platform global progress on abortion care (Green Wave, Benin, Kenya, Ireland, etc.) to show positive changes to abortion laws outside of the US.
To stand in solidarity with PPFA and amplify their messages across IPPF networks and platforms.

What are IPPF’s key messages/talking points?

Please note these are the key messages/talking points to be used between now and the June ruling. Once the final decision has been made, we will pivot to our post-decision messaging on whatever the ruling will be.

The leaked document is a draft opinion, not a final decision and not law. Abortion is still legal in the US.
The majority of Americans support access to abortion care.
The direction SCOTUS is heading in is out of step with the majority of Americans and the values of bodily autonomy, liberty, and freedom – values that the United States prides itself on.
The direction of this decision shows the US is out of step with progress we are seeing in the global south/rest of the world and progressive changes to abortion laws – the Green Wave, Kenya and Benin.
There is still time for SCOTUS to make the right decision – one rooted in dignity, liberty and freedom for people seeking safe, accessible, and legal abortion care.
If SCOTUS continues down this path of overturning Roe v Wade millions of women and girls will be harmed for decades to come.
There will be global fallout as overturning of Roe V Wade will embolden other anti-woman and anti-reproductive freedom movements around the world to force women and girls through unwanted pregnancies.
Banning abortion does not mean fewer abortions. People who need abortions will find a way and reducing access to safe abortion counselling and services will result in serious mental and physical harm and in some cases, death.
IPPF will do all it can to ensure women will not be forced through a pregnancy against their will or consent.

Talking points for global partners

IPPF would like our partners to condemn the direction SCOTUS is heading, of overturning Roe v Wade. Below are some talking points to act as guidance for partners to use on their social media, inform potential statements of solidarity, op-ed pieces or for internal use.

For 50 years women and all pregnant people in the US were guaranteed the constitutional right to an abortion. For the US to deny an established constitutional right is reprehensible and contrary to the foundational principles and values of bodily autonomy, freedom, and individual liberty.
Most countries around the world are working to advance rights and freedoms for their citizens, and the draft SCOTUS decision is out of step with this move toward the realization of rights for everyone, everywhere.
This is not an isolated decision that affects only those living in the US. Rather, it is part of the white supremacy agenda and a coordinated and well-funded global effort to walk back freedoms for people of colour, women, LGBTQI+ persons, immigrants, and refugees.
We stand in solidarity with women and all people who may need an abortion in the US and in every country. Abortion is basic healthcare and should not be politicized, stigmatized, and denied.

Planned Parenthood Global: SOCIAL MEDIA & TWITTER

Please feel free to amplify PPFA/PPG’s Twitter content shared below for your use. These can also be adapted to your country or regional context. The #BansOffOurBodies will remain the lead # through the ongoing campaign.

● U.S. politicians want to ban abortion, but it doesn’t stop there. They are also coming for access to contraceptives, basic health services, trans rights, and much more. It’s time to continue to stand up for sexual and reproductive rights no matter where you live. #BansOffOurBodies

● Abortion restrictions in the U.S. could have far-reaching global implications. Whether in Nicaragua or Senegal, these restrictions further harm people who already face barriers to obtaining health care. It’s time to say #BansOffOurBodies

● The U.S. Supreme Court leak is a sign of an ongoing global trend against human rights & unprecedented opposition, attempting to ban abortion, contraception, sex education & LGBTI rights. We stand in solidarity with people in the U.S. and speak out to say #BansOffOurBodies

● U.S. policies like the global gag rule have a major impact around the world. We must continue to fight to permanently end them and all harmful policies imposed and exported by U.S. policymakers that restrict people’s health and rights, no matter where they live. #BansOffOurBodies

● As a global movement for sexual and reproductive health and rights, we at [Organization Name] oppose restrictions on abortion anywhere. We stand in solidarity with people, providers, and organizations in the U.S. and speak out to say #BansOffOurBodies

● The global sexual & reproductive rights movement demonstrates that bravery is needed to provide care in restrictive settings & change laws to expand access. We stand in solidarity with activists in the U.S. Your fights are our fights! #BansOffOurBodies

INSTAGRAM / FACEBOOK

● Abortion bans are bad policy whether in the U.S., Guatemala, or Senegal. These restrictions further harm people who already face barriers to obtaining care. We stand in solidarity with those who defend sexual and reproductive health and rights, and we stand with you no matter where you live. #BansOffOurBodies

● The U.S. Supreme Court leak is part of a global trend against human rights and emboldened opposition, who are coming for abortion, contraception, sex education, LGBTI rights, and democracy. It is time to show up and say around the world: #BansOffOurBodies

● The global sexual and reproductive rights movement continues to demonstrate that with bravery, we can provide health care in restrictive settings and change laws and policies to expand access to abortion. We stand in solidarity with people, providers, and organizations in the U.S. and around the world who cannot access comprehensive health care – including abortion – because of these restrictive policies. Their fights are our fights! #BansOffOurBodies

● U.S. policies like the global gag rule and the Helms Amendment can have a huge impact around the world. Decisions made in the U.S. not only impact access to basic health care but also contribute to the stigmatization of abortion and discrimination against health care providers and those seeking care. Overturning Roe in the United States will fuel abortion stigma around the world. #BansOffOurBodies

Background Information

Dobbs v. Jackson Women’s Health Organization is a pending U.S. Supreme Court case dealing with the constitutionality of a 2018 Mississippi state law that banned abortion operations after the first 15 weeks of pregnancy. Lower courts had ruled in preliminary injunctions to prevent enforcement of the law on the basis that the law violated the holding of women’s rights in Planned Parenthood v. Casey, which generally allows a woman to opt for abortion within the first 24 weeks. Jackson Women’s Health is the only licensed abortion clinic in Mississippi. If the Supreme Court rules in favour of the state, it will essentially overturn Roe v Wade.

Roe v. Wade, (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects a pregnant woman’s liberty to choose to have an abortion without excessive government restriction. The decision struck down many U.S. federal and state abortion laws.

The Supreme Court revisited and modified Roe‘s legal rulings in its 1992 decision Planned Parenthood v. Casey. In Casey, the Court reaffirmed Roe‘s holding that a woman’s right to choose to have an abortion is constitutionally protected, but abandoned Roe‘s trimester framework in favor of a standard based on fetal viability and overruled the strict scrutiny standard for reviewing abortion restrictions.

On May 2^nd, 2022, Politico released a leaked draft opinion from Supreme Court Justice Alito that would override Roe v Wade if it is adopted in June, when the final decision is expected: https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473