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"President Biden has two months," said the congresswoman.
With just over two months to go until U.S. President-elect Donald Trump takes office, U.S. Rep. Cori Bush on Wednesday urged President Joe Biden to take all the action he can to protect reproductive rights from Republican leader who has bragged about his role in ensuring Roe v. Wade was overturned.
Biden "must immediately direct the archivist of the United States to certify and publish the Equal Rights Amendment which can protect access to abortion care and contraception," said the Missouri Democrat, who co-chairs the Congressional Caucus for the Equal Rights Amendment.
Bush's call comes more than a year after the congresswoman and Sen. Kirsten Gillibrand (D-N.Y.) introduced the ERA Now Resolution, urging Colleen Shogan, the archivist of the United States, to certify state ratifications of the amendment and publish it in the Federal Register, which would formally cement it as part of the U.S. Constitution.
First introduced 101 years ago, the ERA would guarantee legal equality for women and men in the U.S. It could push judges to overturn anti-abortion rights laws on the basis that they violate a constitutional right to gender equality. In Utah, a state-level ERA has successfully blocked an abortion ban.
Since first being proposed, the ERA was passed by Congress in 1972 and sent to the states for ratification. Virginia became the 38th state to ratify it in 2020, meeting the threshold for it to become law.
"Today the ERA has met all the constitutional requirements to become the 28th Amendment—all that's standing in the way is some paperwork," said Bush in July on the anniversary of the ERA's introduction. "As Republicans and the Supreme Court's extremist majority continue to attack access to abortion care, contraception, and LGBTQ+ rights, the ERA is needed now more than ever to protect our communities. I'm urging the archivist to fulfill her ministerial duty by certifying and publishing the Equal Rights Amendment and affirming it as the 28th Amendment."
The overturning of Roe in 2022 paved the way for at least 21 states to ban or restrict abortion care. Republicans in Congress have proposed a nationwide 15-week abortion ban. Trump has claimed he would not sign a national ban but Vice President-elect JD Vance has expressed support for one.
"There is always the possibility of a national ban," Brittany Fonteno, president of the National Abortion Federation, toldThe Cut on Wednesday.
In her July statement, Bush said that "one hundred and one years of advocacy have brought us to this moment, and we refuse to wait a minute longer to cement constitutional gender equality as the law of the land in St. Louis, Missouri, and across the nation."
"We're more prepared than ever to block the disastrous Trump policies we know are coming," said one climate group.
As voters across the United States grappled on Wednesday with the results of the presidential election, progressive organizers expressed disappointment and devastation but said they were "clear-eyed" about the road ahead: one that will require solidarity and a major mobilization to counter the policies and attacks put forward by President-elect Donald Trump.
Anthony D. Romero, executive director of ACLU, did not mince words about the "clear and present danger" Trump poses to U.S. institutions and democratic norms, noting that GOP president-elect is "dead serious" about targeting "the 'enemy within'—which, for Trump, means anyone who disagrees with him."
The ACLU fully expects Trump to seek "retribution against his political opponents and deploying federal law enforcement to shut down protests and muzzle dissent," but Romero emphasized that the 105-year-old organization has a long track record of defending freedom of speech and combating abuses of power, including during Trump's first term.
"We filed 434 legal actions against the first Trump administration, often winning landmark cases before Trump-appointed judges," said Romero. "One week into Trump's presidency, we were the first organization to challenge his Muslim ban. And when the administration sought to include a citizenship question on the 2020 census, the ACLU took that fight to the Supreme Court and won. Our litigation also stopped the inhumane practice of separating immigrant families."
The Center for Biological Diversity (CBD), one of many groups that have warned a Trump victory would signal a disaster for the planet as scientists warn fossil fuel extraction must end immediately to limit planetary heating as much as possible, said the president-elect can expect to face "unprecedented resistance" from organizers.
"Trump 2.0 is going to get twice the fight from the protectors of our planet, wildlife, and basic human rights," said Kierán Suckling, executive director of CBD. "We've battled Trump from the border wall to the Arctic Wildlife Refuge, and in many cases we've won. This country's bedrock environmental laws stand strong. We're more prepared than ever to block the disastrous Trump policies we know are coming."
Romero and Suckling's defiant tones were echoed by reproductive rights organizations that have spent the past two years fighting the nationwide effects of Trump's first term, which resulted in the right-wing supermajority on the U.S. Supreme Court that overturnedRoe v. Wade, clearing the way for 21 states to impose abortion bans and extreme restrictions that have had deadly consequences for at least four women.
Despite those bans, said Destiny Lopez, acting co-CEO of the Guttmacher Institute, "more than one million abortions occurred in the United States in 2023."
"The anti-abortion movement, with Trump and [Vice President-elect JD] Vance's support, are poised to ban every single abortion going forward," said Lopez. "We're clear-eyed about what's coming. Guttmacher will meet this moment—alongside our state, national, and global partners—and mobilize all our resources to counter these attacks in pursuit of a strong, vibrant democracy that protects and upholds all of our rights."
On Tuesday, voters in seven of 10 states with abortion rights amendments on the ballot voted to protect reproductive freedom—initiatives that were strongly supported by groups such as the Center for Reproductive Rights (CRR).
But with Republican lawmakers in the Senate—which will be controlled by the GOP starting in January—supporting a nationwide abortion ban, CRR president and CEO Nancy Northrup said the group is prepared for the new administration to compound the harms already done "with new, potentially far worse ones."
"The Center for Reproductive Rights is ready for this next fight," said Northrup. "We will vigorously oppose any and all attempts to roll back progress. We will scrutinize every action of the White House and federal agencies, amass the factual and legal record to counter agency actions, and work to stop harmful policies from going into effect. If they do, we will take them to court. We will vehemently fight any effort to pass a national abortion ban, to stop the provision of medication abortion by mail, to block women from crossing state lines to get care, to dismantle [United Nations] protections for reproductive rights and progress made at the national level in countries around the world, and more."
With Trump planning to further gut abortion rights, mobilize a mass deportation operation, and roll back climate regulations while keeping his promise to oil executives to expand fossil fuel drilling, journalist Mehdi Hasan of Zeteo urged all progressive organizers to make "'solidarity'... the most important word in our political vocabulary."
"Yes, a majority of American voters may have cast their votes for an unhinged racist and demagogue who is promising a 'bloody' program of mass deportation and a new and bigger 'Muslim ban,' but the rest of us need to stick together," said Hasan. "We need each other. And so, for the next four years, solidarity is the name of the game."
The term has been the rallying cry of the labor movement for generations, and United Auto Workers organizer Helen Brosnan echoed Hasan's call.
"The only way through is solidarity," said Brosnan. "We can't let what happens next divide us. We have to fight the billionaire class together."
Former Labor Secretary Robert Reich did not hide his despair over Trump's victory, writing in his Substack newsletter that he was "heartbroken and scared."
But Reich urged progressives not to lose sight of "our first responsibility... to protect all those who are in harm's way," including women, immigrants, and transgender people.
How will we conduct this resistance?
By organizing our communities. By fighting through the courts. By arguing our cause through the media.
We will ask other Americans to join us—left and right, progressive and conservative, white people and people of color. It will be the largest and most powerful resistance since the American revolution.
But it will be peaceful. We will not succumb to violence, which would only give Trump and his regime an excuse to use organized violence against us.
We will keep alive the flames of freedom and the common good, and we will preserve our democracy. We will fight for the same things Americans have fought for since the founding of our nation—rights enshrined in the constitution and Bill of Rights.
The preamble to the Constitution of the United States opens with the phrase "We the people", conveying a sense of shared interest and a desire "to promote the general welfare," as the preamble goes on to say.
We the people will fight for the general welfare.
We the people will resist tyranny. We will preserve the common good. We will protect our democracy.
The National Immigration Law Center, which joined the ACLU in fighting Trump's Muslim bans and other xenophobic policies during his first term, said it "knew Trump could win and that is why we helped lead a movement wide effort to plan for this moment."
"Trump and his allies told us what he plans to do: mass deportations, ending birthright citizenship, ending the right to public education for immigrant children, internment camps, and using the military to hunt down immigrants. We should take him at his word," said Kica Matos, president of the NILC. "One thing is certain: we cannot and will not retreat. For more than 40 years, NILC has been steadfast in our fight to defend the rights of low-income immigrants and their loved ones. We successfully fought Donald Trump before, and we will do it again."
Reich reminded his readers that Americans "supported one another during the Great Depression" and other national crises.
"We were victorious over Hitler's fascism and Soviet communism," he wrote. "We survived Joe McCarthy's witch-hunts, Richard Nixon's crimes, Lyndon Johnson's Vietnam war, the horrors of 9/11, and George W. Bush's wars in Iraq and Afghanistan."
"We will resist Donald Trump's tyranny," he added. "Although peaceful and non-violent, the resistance will nonetheless be committed and determined. It will encompass every community in America. It will endure as long as necessary. We will never give up on America. The resistance starts now."
Rights advocates were energized by the "gold standard" poll results, but called on progressives to continue working to turn out voters.
Political observers expressed shock Saturday evening as the Des Moines Register released its final poll before Election Day showing Democratic Vice President Kamala Harris leading Republican presidential nominee Donald Trump by three points.
Harris was supported by 47% of respondents compared to 44% who backed Trump.
The newspaper's poll, conducted by pollster J. Ann Selzer, is widely regarded as the "gold standard" survey of voters in the state and has been recognized as "predicting" numerous election results in Iowa and giving a potential preview of how candidates could fare in other Midwestern states with similar demographics.
Progressive advocates cautioned against placing too much faith in a single poll—even a widely respected one—and urged Harris supporters to continue canvassing, phone-banking, and taking action to defeat Trump and the far-right MAGA movement.
But the unexpected result in a state that hasn't been considered a swing state in this election, and was widely assumed to be a Trump-supporting state, led political observers to look closely at the poll, which showed significant shifts toward Harris among women.
Women aged 65 and older supported Harris over Trump, 63% to 28%, in the poll. Women who identify as political independents also backed her, 57% to 29%.
Overall, women in the state are backing Harris in the poll by a margin of 20 points, according to the survey.
Lyz Lenz, a journalist based in Iowa, said she believed the poll could be linked to one major change in Iowa since the last presidential election: the six-week abortion ban that took effect in July, banning abortion care after fetal cardiac activity can be detected. Similar abortion bans have been blamed for at least four deaths of pregnant women in Texas and Georgia.
"It's the abortion ban," said Lenz. "Women are furious."
Daniel Nichanian, editor-in-chief and founder of the digital magazine Bolts, said the result could preview losses for state Supreme Court justices who have upheld abortion bans in a number of states, including Iowa.
In 10 states this year, voters will make their voices heard on ballot initiatives regarding the right to abortion care. In traditionally red states including Kansas and Kentucky since Roe was overturned, people have voted to protect the right to obtain an abortion.
"It's the Dobbs election," said Helaine Olen of the American Economic Liberties Project. "The Iowa poll is just the latest proof."
Selzer herself told the BBC that many respondents talked about abortion rights.
"The people who say they're supporting Kamala Harris, the issue they say they're thinking about most is democracy, about half of them saying that's the most important thing," she said. "But then half of that, about 25% roughly, say abortion. And Iowa has one of the strictest abortion laws in place... and that may well have played a part in this."
Sean Trende, senior elections analyst for RealClearPolitics, said it would be "foolish to dismiss [Selzer's] poll," but cautioned election watchers against abandoning "all of [their] prior views about the state of the race."
Dan Pfeiffer, a former adviser to President Barack Obama and co-host of "Pod Save America," said one possible interpretation among several is that "Harris isn't really winning Iowa but the poll is capturing late-stage momentum that bodes well for Wisconsin, Michigan, [and] Pennsylvania."
Advocacy group Indivisible on Sunday morning advised supporters to "send this Iowa poll to all your group chats. Then, sign up to talk to some voters. With your help, we're going to win this thing in two days."