Everything you need to know about Roe v Wade…
Recent events in the United States have sparked protests and uproar regarding the case Roe v. Wade. This case has not only restricted the rights of women but also put lives in danger, all while taking a huge step 50 years into the past.
Despite its recent rejuvenation, Roe v. Wade was a case established in Texas in 1973. This was after years of adversity and stigma regarding the topic of abortion. The case was catalyzed after Norma McCorvey (also known as Jane Roe, hence Roe) was unable to access an abortion in Texas, which at the time only permitted abortions to those who were in life-threatening conditions, as it was common across the country.
Her conditions did not meet the criteria to get a legal abortion as the pregnancy did not pose any medical risks to McCorvey’s life. At the time, some states did have broader conditions under which abortion was permissible, such as incest and sexual assault, but it was not an accessible option for women across the country, including McCorvey, due to low income, lack of transport ability, and other such circumstances.
Inspired by McCorvey’s circumstances, a group of lawyers in Texas began to develop a case in an attempt to overturn the infringement on women’s autonomy. This group believed:
“Their weapon was a legal project, a lawsuit, to challenge the law in the courts.”
Norma McCorvey, 1994 (Harper Collins, via Longreads)
The efforts of these lawyers reached more people, such as Dr. James Hallford, who had been charged for performing abortions, in order to develop a lawsuit against the district attorney for Dallas County at the time, Henry Wade.
After much preparation, the case was presented to the Supreme Court not once, but twice. The scarce occurrence of reargument proved the controversial opinions of the Supreme Court. However, the Supreme Court came to a decision on January 22, 1973. The Court ruled 7–2 in favor of Roe.
This decision was finalized because of the 14th Amendment of the Constitution, as this was found to protect an individual’s choice to terminate their pregnancy on the idea that the right to privacy extended to an individual’s choice regarding their pregnancy, dismantling abortion restrictions across the country.
Abortion was now legal in all 50 states within the first 2 trimesters, with possible exceptions to extend further into a pregnancy. This was a massive step forward in the United States, as abortions were now much more accessible and safe. Moreover, it gave women a choice they did not previously have. They were given back their basic human rights.
The ruling of the Supreme Court extended across all states, however, it did not stop action against abortions. In 1976, the Hype Amendment was put into place, which essentially restricted federal funds from providing support to insurance programs, such as Medicaid, in assisting abortions.
Dismissing the ruling of Roe v. Wade, on September 1, 2021, Texas implemented S.B. 8, which is a law confining a woman’s right to terminate her pregnancy within the first 6 weeks. Initially, this was condemned by the AMA, but the Supreme Court allowed the state to proceed with the piece of legislation. While both of these were a step back, the Supreme Court has recently gone even further, overturning the decision of Roe v. Wade on June 24, 2022. The ruling was passed under a vote of 5–4.
This stripped women across the country of their fundamental human rights. This national ruling has once again given states the ability to restrict abortions based on their own judgments and opinions, just the way it was 50 years ago.
Many have come to the conclusion that this is not a matter of abortion, this is a war on women. It is important to understand that the wishes of the 5 judges in favor of the ruling are not accurate to the wishes and well-being of women across the nation.
Currently, 80% of Americans wish for abortion to be legal. The wishes of the 80% are being upheld by non-governmental organizations such as Planned Parenthood, which strives to provide safe access to women regarding their own choices, as well as educational resources.
As said by Alexander Sanger, the former president of Planned Parenthood New York, and the grandson of the founder of Planned Parenthood Margaret Sanger, “You cannot make abortion go away by criminalizing it. All you do is make it unsafe.”
The fear grows in women across the world as they anticipate what comes next. It is speculated that suicide rates will increase significantly, unsafe abortions will result in countless deaths, and women are once again back to fighting for their basic rights.
Encyclopædia Britannica, inc. (2007, April 25). Roe v. Wade. Encyclopædia Britannica. Retrieved from https://www.britannica.com/event/Roe-v-Wade
Gerstein, J., & Ward, A. (2022, February 5). Exclusive: Supreme Court has voted to overturn abortion rights, draft opinion shows. POLITICO. Retrieved from https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473
Henry, S. (2017, October 7). Athens activists, candidates weigh in on ‘heartbeat’ bill court … TheRed&Black. Retrieved from https://www.redandblack.com/athensnews/athens-activists-candidates-weigh-in-on-heartbeat-bill-court-decision/article_ee77c8f2-e913-11e9-88b2-975c671e183e.html
Mangan, D. (2022, June 24). Supreme Court overturns Roe v. Wade, ending 50 years of federal abortion rights. CNBC. Retrieved from https://www.cnbc.com/2022/06/24/roe-v-wade-overturned-by-supreme-court-ending-federal-abortion-rights.html
Parenthood, P. (n.d.). Historical abortion law timeline: 1850 to Today. Planned Parenthood Action Fund. Retrieved from https://www.plannedparenthoodaction.org/issues/abortion/abortion-central-history-reproductive-health-care-america/historical-abortion-law-timeline-1850-today
Parenthood, P. (n.d.). Roe v. Wade: Behind the case that established the legal right to access abortion. Planned Parenthood Action Fund. Retrieved from https://www.plannedparenthoodaction.org/issues/abortion/roe-v-wade/roe-v-wade-behind-case-established-legal-right-access-abortion
Peterson, J. (2021, September 16). New abortion laws causes concerns to students. Student Run News Since 1926. Retrieved from https://www.msureporter.com/2021/09/16/new-abortion-laws-create-conversation-on-campus/
