The impending future of abortion in the US
Last month, Politico leaked a Supreme court draft opinion, outlining a supposed intent to abolish a countrywide right to abortion or more precisely, overturn the Roe v. Wade ruling of 1973. The Roe v. Wade court case was a landmark event in the history of abortion rights, setting up the foundation for women’s right to terminate an unwanted pregnancy. This new overturn could uproot decades of precedent, affirming a woman’s right to abortion.
Historical Context
In 1969, Jane Roe, an unmarried pregnant woman filed a lawsuit contesting Texas abortion law. At the time, abortion was illegal in Texas unless done to prevent endangerment to the life of the mother. It was a crime to get an abortion or to attempt one.
In Roe v. Wade, the Supreme Court highlighted 2 major features:
- The country provided a fundamental "right to privacy" that protected a person's right to choose whether to have an abortion or sustain the pregnancy.
- The right to abortion was not absolute. It must be balanced against the government's interests in protecting the health and prenatal life.
The Texas abortion law was struck down in a 7-2 decision by Supreme Court judges at the time. The verdict dictated that during the first trimester the decision to terminate the pregnancy was solely at the discretion of the mother. During the second trimester, the state could ‘regulate’ but not outlaw abortions in the interest of the mother’s health. After the third trimester, when the foetus became viable (having reached a stage of development), the state could regulate or outlaw abortions in the interest of the potential life except when necessary to preserve the life or health of the mother.
Back to 2022
The potential repeal comes after the Dobbs v. Jackson Women’s Health Organization case, making this the first time since Roe v. Wade in 1973 that the Court will rule on the constitutionality of a pre-viability abortion ban. the case is set against a pro-life Mississippi banning abortion after 15 weeks (about 2 months before viability) and Jackson Women’s Health Organization, the only abortion clinic in the state. The immediate consequence of the ruling would be to terminate a 50-year guarantee of federal constitutional protection of reproductive rights and allow each state to decide whether to restrict or ban abortion. 5 states have already enacted either harsh restrictions or sweeping bans on abortion.
What the future holds
The future of reproductive rights of American women hangs in the balance, fighting for a choice over their bodies. Supposing the supreme court does end up overturning Roe v. Wade, over 20 states are set to ban abortion immediately. This would mean that women residing in states such as Texas and Missouri would be under the same laws as those imposed by the Taliban regime of Afghanistan. The sheer possibility that a nation home to 160 million women could bear parity with a militant Islamist regime speaks volumes about the future of women not only in the United States but the world.