THE SWEEPING DECISION ON ABORTION RIGHTS
June 24, 2022
By Ellen Song
An Unprecedented Leak
On May 2nd, 2022, a draft opinion from the Supreme Court on potentially overruling Roe v. Wade published on Politico instantly stirred fierce debates in the United States and across the globe. The leaked opinion by Justice Samuel Alito referred to Roe v. Wade, the landmark decision that established abortion as a constitutional right, as an “egregious mistake from the start”, indicating a “rectification” by the Court in its upcoming official ruling in June. While pro-life campaigners celebrate their long-awaited victory, pro-choice protestors are lining up in front of the Supreme Court to express their dissatisfaction and concerns that the decision will not stop abortion but will serve to deprive women of safe access.
The groundwork for Abortion Rights: Roe v. Wade
The case of Roe v. Wade dates back to 1973, when a young woman named Norma McCorvey, residing in Texas, intended to terminate her third pregnancy. Before this child, McCorvey had already given two children away due to her struggles with poverty. However, in the late 19th century, all remedies were eliminated by law: in McCorvey’s state, abortion was only allowed to save the mother’s life.
Fortunately, two attorneys, Linda Coffee and Sarah Weddington sought to provide legal assistance, advocating for McCorvey, and other women who “want to consider all options”. The legendary suit filed against Henry Wade, a district attorney, eventually resulted in a 7-2 decision from the Supreme Court to officially legalize abortion in the US. McCorvey became known as “Jane Roe” thereafter from court documents.
Remarkably, Justice Harry Blackmun who wrote the decision at the time positioned the right to abortion under the protection of the 14th Amendment, which concerns the right to privacy. Roe v. Wade also laid the foundation for the “first-trimester” threshold: up to around 24 weeks when the fetus is not yet viable. During this period, women were promised full autonomy, and abortion bans regarding this early stage of pregnancy could be declared invalid according to the precedent of Roe v. Wade.
If They Strike Down Roe v. Wade
Fast forward to 2016, when former president Donald Trump pledged to introduce more conservative Justices to the Supreme Court, he was implicitly pushing forth the pro-life agenda for Republicans. The appointments led to this potential overturn of Roe v. Wade, which in turn poses an imminent threat to the right to abort, and indirectly encroaches upon other rights to privacy.
In overturning Roe, the Court relinquishes power to the state, forgoing protection of the mother’s autonomy during the first trimester. The alarming 6-week ban in Texas last year is likely to tighten and become the norm for many other states.
Guttmacher Institute estimates that 13 states would have “trigger laws” banning all abortions after the overruling of Roe. Up to 26 states would likely experience a “staggering regression” in abortion rights.
Not Just Abortion: Threats to Other Personal Freedoms
Furthermore, Justice Samuel Alito’s arguments against abortion reinforce a harmful narrative against personal and family freedom. He proclaims that the right to abort was not part of America’s constitution nor “deeply rooted in America’s history and traditions”. Yet historians and law professors point out that the right to personal and family freedom was, in fact, largely excluded from the constitution to protect slavery. The post-civil war era witnessed efforts to amend the original version and grant those rights. To disregard these freedoms sends an alarming message, and if the drafted opinions were made official, set a dangerous precedent for future decisions on all essential human rights.
References:
https://www.history.com/topics/womens-rights/roe-v-wade