Samantha Lewis
The country saw a division on Friday 24 June, in its views when it comes to the decision to terminate a pregnancy, which called for the 1973 verdict in the case of Roe v. Wade to be overturned by the court.
By a vote of five to four, the court justices ruled that governments lacked the power to prohibit abortions.
A reversal of the judgment means that individual states can decide on the legality of abortion – at least 26 states are expected to ban it immediately or as soon as practicable.
The Republican attorney general of Texas, Ken Paxton, celebrated the ruling and said: “abortion is illegal here.”
Democratic-led states are likely to reinforce protections for the procedure while Republican-run states are set to ban abortion in about half of the states
President Joe Biden said the Republicans celebrating it is “wrong, extreme and out of touch,” adding that the court had pointed America down “an extreme and dangerous path.”
The ruling handed down a day after the court overturned a New York gun control law – allowing citizens to carry a firearm in public – fractures reproductive rights in America.
Massive protests erupted outside the courthouse and all over the country after the decision was announced.
The US is one of only four countries since 1994 to restrict abortion, according to the Centre for Reproductive Rights – the others being Poland, Nicaragua and El Salvador.
The case of Roe v. Wade
Jane Roe (pseudonym), a woman who in her early 20s sought to terminate an unwanted pregnancy in 1969, had been bought up in difficult circumstances and already gave birth twice, to give them up for adoption.
At the time it was legal, however, it was only for the purpose of saving a woman’s life – this meant that the only options were to travel which wasn’t viable for all.
Laws against abortions had exceptions if for the purpose of saving a woman’s life, but many did make them for pregnancies that were a result of rape or incest.
The question before the US Supreme Court was: Does the American constitution recognise a woman’s right to terminate her pregnancy by abortion?
Prior to Roe v. Wade, ending a pregnancy was illegal in some states which resulted in illegal self-induced and “back-alley” abortions that were dangerous.
The landmark ruling in 1973 set a statute banning abortion, effectively legalising the procedure across the US – the court held that a woman’s right to an abortion was implicit in the right to privacy protected by the 14th amendment to the constitution.
After the court voted in favour – of seven to two – Roe v. Wade protected the right to an abortion up to the point a foetus can survive outside the womb – widely regarded as 24 weeks gestation.
How has Roe v. Wade been overturned?
The Supreme Court ruled in favour of Mississippi’s ban on abortion after 15 weeks, which effectively ends a woman’s constitutional right.
This means that individual states are now able to choose to ban abortion making it illegal.
Three justices opposed, whereas six justices were in favour.
An unprecedented, leaked draft opinion from conservative Justice Samuel Alito – first reported by politico – indicated that the court’s conservative majority would vote to overturn Roe and Casey.
“It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives,” he wrote on 10 February 2022.
The court’s decision on Friday 24 was effectively the same outcome with five votes to overturn Roe v Wade and six to three overturning Dobbs v. Jackson Women’s Health Centre.
Associate Justice Clarence Thomas wrote an opinion agreeing with and inviting challenges to precedents providing for gay marriage and access to contraceptives on due process as “demonstrably erroneous.”
He cited Griswold v. Connecticut – providing a right for married persons to have contraceptives – Lawrence v. Texas – providing a right to private, consensual sex acts – and Obergefell v. Hodges – providing a right to same sex marriage.
Current stance on abortion
Democratic-run states and cities have vowed to uphold abortion rights whereas Republican-led states have celebrated the outcome.
Thomas called it “farcical” that the 14th amendment created a right to abortion by guaranteeing that states can’t “deprive any person of life, liberty, or property without due process of law.”
“The real-world effects of overruling Roe and Casey would be severe and swift,” Solicitor General Elizabeth Prelogar told the court on behalf of the Biden administration.
Former Vice President Mike Pense has called for ending abortions in all 50 states.
“Having been given this second chance for life, we must not rest and must not relent until the sanctity of life is restored to the centre of American law in evert state in the land,” he said.
Abortion is a highly divisive issue which is no longer a constitutional right enshrined in the law.
What this now means for pregnant women
Many states have tough laws already – the judgment from Roe v. Wade meant they could not cross a line.
A reversal of the judgment means that individual states can decide on the legality of abortion – at least 13 states have passed “trigger laws” that allow them to ban abortion immediately or within 30 days.
This means that access to abortion will now depend on where a person lives.
Leaders in conservative states like South Dakota, Arkansas, Georgia, and Indiana planned special legislative sessions to ban abortions as soon as the Supreme Court overturned the binding judgment.
Several states banned abortion just hours after the verdict was announced, including Utah, Ohio, Alabama, West Virginia and Missouri
Democratic-run states welcome people from neighbouring states with bans, and some district attorneys have pledged not to prosecute people for abortions even if new laws criminalise the procedure – these states include California, Washington and Oregon.
Traditionally, the Democratic Party has been pro-choice, something borne out by President Joe Biden’s stand on abortion; the country has mid-term elections this autumn and President Biden has vowed to make abortion rights a defining issue.
Laws against abortion put many women at risk of back-alley abortions outside institutional care.
How has the country reacted?
While states began adopting laws to deal with the decision, there has been uproar across the world.
The decision by the court has not been taken lightly which is why groups and companies are doing what they can in assisting a women’s decision to have an abortion.
Joe Biden is looking for solutions after the ruling as protests continue in Washington.
The church in Dallas – one of the most religious cities in the US – that helped Jane Roe still aids abortion-seekers.
Similarly, major US companies pledge to cover their staffs travel expenses for abortions – these include Disney, Meta, Amazon, Yelp and JP Morgan.
Other firms that have said they will take similar steps include Levi Strauss, Conde Nast, Uber and Lyft.
The Guttmacher Institute found that in 2020 the abortion rate (US) increased for the first time in three decades – more than one in three of which were obtained in states that are likely to make it illegal.
Featured image courtesy of Gayatri Malhotra on Unsplash. Image licence found here. No changes were made to this image.
Sam Lewis
Samantha Lewis is a journalism graduate with a first class honours. She is currently a freelance journalist based in Leeds
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