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Floor Speech

Date: May 9, 2022
Location: Washington, DC

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Ms. HIRONO. Madam President, Republicans continue to be totally shocked by the leak of a draft Supreme Court decision. But what is truly shocking is the fact that we have a radical, rightwing majority now on our Supreme Court, thanks to three Trump Justices who are poised to take away a constitutional right that women in this country have relied upon for almost 50 years.

The Supreme Court has never overturned a constitutional right it has earlier conferred. And yet today, in 2022, women across the country are going to wake up and no longer have control over their own bodies once the Supreme Court stays its course to overturn both Roe and Casey. The Republican Party has sabotaged the Supreme Court, and women and girls across the country are going to pay the price.

In 13 States, the minute Roe is overturned, abortion will be illegal, and dozens of other States will move to do the same. These States are prepared to outlaw abortion with only narrow exceptions, if at all.

Imagine this. If a child is raped, Republicans will force her to give birth. If a woman's life is in danger, Republicans will force her to give birth, despite the fact that the United States already has the highest maternal mortality rate of any developed country. If a woman cannot afford to raise a child, Republicans will force her to give birth anyway. And then, once that child is born, all of a sudden, their concern for that child pretty much goes out the window.

They have done little to support women and families. They have repeatedly blocked Democratic efforts to provide healthcare, childcare, paid family leave, and more. There is nothing pro-life about that. And if a woman chooses to get an abortion for any reason, whether it be rape or medical necessity, Republicans stand ready to throw in jail women, doctors, and even those who help people access the procedure.

And make no mistake, if Republicans take control over the House and Senate, they will press to pass national legislation that will outlaw abortion throughout the country.

I have been an advocate for reproductive freedom for decades. When I was in college, abortion was not legal. It was the first time I wrote a political letter to the members of Hawaii's congressional delegation asking for their position on abortion. Abortion is one of the reasons I became an activist. And I fought against concerted efforts to limit abortion in Hawaii during the 14 years that I served in the Hawaii State Legislature. I knew then, as I do now, that women should be able to control our own bodies.

And, sadly, the threat to women's freedom is as real today as it was when I was first advocating for this right decades ago.

I am proud that Hawaii was the first State in the country to decriminalize abortion before Roe. So regardless of the Supreme Court decision, women's reproductive freedom in Hawaii will be protected. But for how long? So many women across the country do not live in States like Hawaii that protect the right to an abortion.

Barriers to abortion access have always existed--barriers like finding childcare, taking time off from work and travel and transportation and more. The number of women dealing with the obstacles to get the essential healthcare they need will skyrocket if Roe is overturned.

And we know who is going to be harmed the most: people who can't travel, including people with low incomes, people with disabilities.

Due to systemic barriers and this country's legacy of racism and discrimination, Black, Latino, indigenous, Asian Americans, Pacific Islanders, and other people of color disproportionately feel the effects of abortion bans and restrictions.

We know this is true because we have seen it play out in Texas. Already, women in Texas have to travel hundreds of miles to seek abortion services. Many women in Texas do not have the means or the opportunity.

When you read Justice Alito's draft opinion, it is quite clear that this Justice has harbored a desire to overturn Roe for the 16 years he has been on the Supreme Court. And, now, thanks to the three Trump Justices, his radical opinion on abortion is no longer dissent but the majority opinion. This is our worst fears coming true.

Meanwhile, I listened to Mitch McConnell, the Republican leader, this morning, who kept calling Democrats ``extreme'' in our view--in our commitment to supporting a woman's right to abortion. He said that he would never support ``smashing'' the filibuster on this or any issue. Well, he had no problem smashing the filibuster when it came to Supreme Court Justices, and that is the very reason that three radical Trump Justices got on the Supreme Court in the first place and the reason why women are about to lose a constitutional right that we have relied upon for almost 50 years.

Make no mistake, these radical Justices are just getting started. Alito's draft opinion, which denigrates any privacy basis for Roe, casts doubt on other privacy rights. Without privacy rights, the States are basically unfettered in what they do.

And now that the radical rightwing Justices are on the cusp of getting what they wish regarding abortion rights, Justice Alito is already signaling what is next: revisiting Obergefell, the marriage equality decision. And we know so much more is at stake.

We cannot sit back and accept this as our new normal. We cannot go back to a time when women had no autonomy over our own bodies. We cannot go back to a time when members of the LGBTQ+ community were treated as second-class citizens. And we cannot go back to a time where basic human rights were left up to the States--to the States--to decide.

Since when do States get to decide whether or not a constitutional right exists? That is what we have the Supreme Court for, and that is what the Supreme Court is not making sure that we continue to protect.

So here we are. Not only do we have to push to codify Roe nationally, but we have to take this fight to the ballots in November. As Justice Alito, in his draft opinion, cavalierly said, basically: All you women out there, go out and vote. So, yes, he is calling on the women of this country to use our energy and our resources to fight for a right, a constitutional right, that women in this country relied on for nearly 50 years. And, yes, that is exactly what we are going to do.

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