We live in politically challenging times, to put it mildly. Taking advantage of a well-orchestrated, multidecade effort, the nation is obviously falling to the will of a very distinct but powerful minority: White traditionalists, particularly evangelicals. Taking advantage of the constitutional bias in favor of smaller, less populated states with rural values – states get two US Senators each regardless of population – and accentuated by new levels of gerrymandering and voter suppression (so far supported by a newly reconfigured right-wing US Supreme Court benefitting from Senate confirmation reflecting that rural bias), the politics at the top no longer reflects majority beliefs on so many key issues.
Conservative states are smiling as they leap into right-wing issues, from textbook censorship and repealing established abortion rights to further contracting the voting rights of those likely to oppose them. They’ve got the Supreme Court in their pocket, even as a majority of Americans are finding the Court over politicized and lacking the stature and trust it once enjoyed. A recent Gallup poll showed that only 40% of Americans approve of the Court and its decisions. As well over 60% of Americans, according to myriad polls, support the retention of Roe, the Court seems willing to incur the resulting wrath of overruling that 49-year-old Supreme Court precedent.
Even as the wife of Supreme Court Justice Clarence Thomas, Virginia “Gini” Thomas, engaged in supporting Donald Trump to negate the peaceful transition of power after the 2020 election – evidenced in her many written communications to the White House and GOP operatives – Mr Thomas refuses to recuse himself from election-related cases. By way of example, he was the only Supreme Court justice who voted against requiring Donald Trump and his staff from turning over relevant documents and communications to the House January 6th committee, communications which included his wife’s efforts to subvert the election. While there are no ethical restrictions on Supreme Court justice’s conflicting personal realities, unlike what is imposed on every other federal judge, this is one more nail in the coffin of the Court’s claim to objective neutrality.
Now we come to the clear effort by the radical right to take down any corporation that opposes the Republican agenda. We’ve seen it as Florida, under the aegis of autocratic presidential hopeful Governor Ron DeSantis, stripped Disney of its special status in and around its Disney World Theme Park in unequivocal punishment for its stance against Florida’s so-called “don’t say gay” statute. Facing a shutdown of its theme park operations by mass protests by its employees in support of LGBTQ rights, CEO Bob Chapek was between a rock and a hard place; he had caved to his workers’ wishes… after the bill was already Florida law.
Not to be outdone, radical right-wing Senator Josh Hawley (R, Mo.) found another way to target Disney for its stance, sending an unambiguous message to companies facing the Roe vs Wade controversy, although his Senate bill is couched as applying only to companies with market caps over $150 billion: “Hawley's proposal would limit copyright protection to 56 years, which would effectively mean anyone would use images of Mickey Mouse, who debuted in the 1928 eight-minute animation 'Steamboat Willie.'” Daily Mail (UK), May 11th.
Large corporate donors employ legions of lobbyists, public relations efforts, and often contribute to candidates of both major parties just to be safe. They cater to multiple constituencies, from their shareholders to their employees and customers. But Hawley-DeSantis, probably crossing a First Amendment red line (but with the current Supreme Court, one cannot be sure), are basically telling corporate America to choose sides. Conventional public relations wisdom is telling company CEO to stay silent on the new abortion controversy… but is that good advice?
With Roe, you have two relevant public opinion realities: only 20% of Americans believed that there would be a total reversal of Roe before the leak, and 60%+ of Americans oppose that reversal now. But as the recent Senate cloture vote illustrates, the entire Republican Party is opposed to a federal statute to keep Roe intact. As 26 states are preparing to eliminate or seriously limit abortions if Roe is reversed, corporate America has some serious challenges ahead.
Public relations executives (at Evergreen Strategy Group) Mackenzie Long and Caty Gordon, writing for the May 11th FastCompany.com, explain: “Historically, many business leaders have viewed abortion as the most complicated issue of all, and therefore have kept it at arm’s length—all the while engaging on issues like LGBTQ rights or climate change. Last week, we learned, some companies are getting shortsighted advice from PR firms telling them to remain silent on this issue because it could be a ‘no-win situation’ for them ‘regardless of what they do.’…
“Many CEOs may have read Justice Samuel Alito’s leaked draft opinion thinking the fall of Roe v. Wade isn’t their problem—but they’d be wrong… Americans will suffer severely if the Supreme Court guts abortion rights—and so will companies. People will be punished for making personal, private healthcare decisions, forced into childbearing, and pregnancy-related deaths will increase. CEOs should remember: These aren’t abstractions, they’re your employees and customers. Five right-wing justices may want to see Roe overturned, but a whopping 72% of Americans do not.
“[Yet, the] risks of taking action are real: Conservative lawmakers are already threatening legislation aimed at preventing companies from taking action to protect their employees’ rights. Yet there are risks to inaction as well. It would be a mistake to ignore the well-documented benefits of abortion access, how devastating and terrifying this moment is for so many people, or that this is not a ‘50-50 issue’—it’s 70-30. And if right-wing politicians representing a minority of Americans try to punish companies for protecting their workers and standing up for their values, they may face their own consequences. Sixty-two percent of Americans—including a majority of both Democrats and Republicans—say they’re less likely to back a candidate who goes after companies for their stances on social issues…
“For the many companies that have made commitments in recent years on diversity, equity, and inclusion, the end of Roe poses a stark test. Barriers to abortion disproportionately affect women of color, putting their health and economic well-being at risk and shrinking opportunities available to them. Abortion restrictions also exacerbate existing gender and racial disparities and disrupt diverse talent pipelines…
“To start, companies should audit their benefit packages to identify obstacles to seeking abortion care, including health plan limitations and distance required to reach providers. Some companies have already started fixing these problems, ensuring all abortions are covered in company health plans, subsidizing costs for abortion-related travel, and even setting up legal funds to support employees criminalized as a result of seeking care. Any of these changes should be carefully implemented to protect privacy, and clearly communicated internally and connected to the company’s values. Internal communications also provide an opportunity to connect employees to resources to locate their closest clinic or coordinate and cover the cost needed to get there. Getting internal affairs in order is crucial to teeing up any successful external engagement, and stakeholders will be looking to make sure the two are aligned.
“Then, companies that want to go beyond internal action can use their platforms to call on other businesses to join them in protecting their workforce or donating to independent abortion funds. Companies may also consider calling for state and federal legislation codifying abortion rights. It may not compel red states to reverse their restrictive bans, but they can make a real difference in purple states where fierce battles lie ahead. Corporate advocacy can also help ensure that the widespread support for reproductive rights is better reflected in mainstream values and culture… Companies should also take a hard look at any political donations they’ve made historically or continue to make.” Just in terms of hard dollars, Long and Gordon estimate that even existing limitations on abortion cost the US economy $105 billion annually. Recruitment and retention, consumer identification, and political power are a nasty blend to deal with.
I’m Peter Dekom, but like it or not, Roe vs Wade isn’t going to fade into an invisible background, and corporate America needs to plan its engagement on this issue now.
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