The Supreme Court has thrust abortion onto ballots nationwide, transforming fundamental rights into political battlegrounds. In the aftermath of Dobbs v. Jackson Women’s Health Organization, people with disabilities face a perfect storm of eroded reproductive freedoms and persistent barriers to democratic participation. This Article exposes the hollow promise of the Court’s purported deference to “the people’s elected representatives,” revealing instead a landscape where those most affected by abortion restrictions struggle to have their voices heard. The Court’s invocation of democracy is arguably disingenuous, serving more as a rhetorical device than a genuine commitment to democratic principles. Nevertheless, engaging with this framing is crucial, as it now shapes the terrain on which reproductive freedom must be defended and advanced. The Dobbs decision not only dismantles reproductive rights but also lays bare the deep inequities in our democratic processes. For disabled people, this opinion amplifies existing challenges, subjecting them to heightened health risks, diminished healthcare access, increased economic insecurity, and further assaults on their bodily autonomy—all while their ability to influence relevant policies remains constrained. This Article contributes to the post-Dobbs discourse by proposing a radical reimagining of reproductive justice and disability rights advocacy within the imposed democratic framework. It introduces a dual strategy that combines tactical engagement with existing democratic systems and bold efforts to transform entrenched injustices. This Article outlines concrete pathways for empowering people with disabilities in the reproductive justice movement, including methods to shape public opinion, leverage lobbying, mobilize voting power, and increase disabled representation in political office. This innovative framework aims to achieve true reproductive freedom—grounded in bodily autonomy, self-determination, and dignity for all. Ultimately, it argues that confronting the democratic deficits facing the disability community is not just crucial for safeguarding reproductive freedom but essential for exposing and dismantling the Court’s flawed reasoning in Dobbs. With abortion rights now subject to the vicissitudes of electoral politics, this Article charts a course toward a more inclusive democracy—one that amplifies marginalized voices and reimagines reproductive justice in the complex post-Dobbs era.
