The Future of Roe v. Wade

Micaela Ang
UCI CARE
Published in
3 min readNov 2, 2020
President Trump and Justice Amy Cohen Barret at her swearing-in ceremony

With the recent confirmation of supreme court justice Amy Cohen Barret, questions regarding the future of women’s health lay uncertain. Her confirmation marks a historic point in the United States history, being that she is the only justice in 151 years to be confirmed without a single vote from the minority party. In addition to this, her confirmation now places the supreme court in a 6–3 conservative majority. Barret’s conservative vote is now calling into question if landmark cases will be overturned, notably Roe v. Wade.

Plaintiff Norma McCorvey (left) and attorney. Gloria Allred at the supreme court in April 1989

In 1970 the Supreme Court of the United States made a landmark decision in the now notorious Roe v. Wade case. The plaintiff of the case sued the district attorney of Dallas County, Texas, stating that the Texas law regarding abortion illegal, exempted only by a doctor's permission to save the woman's life, was inherently unconstitutional. Their argument was grounded in the rights of personal privacy as protected by the first, fourth, fifth, ninth, and fourteenth amendments. Under the due process clause of the fourteenth amendment, the court maintained that a woman has the “right to privacy” and thus autonomy over her body and a choice in abortion decisions.

Supreme Court Justices during the time of the Roe v. Wade decision

With the passing of Justice Ruth Bater Ginsberg in mid-September, there has been a rapid response by house republicans to fill the seat with another conservative justice. With Barret advancing to take the seat, the Trump administration confirms its third justice to the supreme court. Conservatives across the country have been disputing the ruling since its passing in 1973, and with more conservatives on the chances of the decision being overturned continues to rise.

As the country quickly approaches the 2020 elections we are faced with our own decisions and what we envision for the future. The case of Roe v. Wade is a dispute over the autonomy a woman has over her own body. At the time of its decision, all sitting justices on the supreme court were men. The issues present are not divided among party lines, or liberal versus conservative, but rather a challenge to the understanding of what this country’s core foundational beliefs are and how we as individuals want to live them.

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