You Said It Was ‘Settled Law’

Do we have to do this again?

Sarah Lou
Write Like a Girl
3 min readJul 30, 2021

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Photo by Tingey Injury Law Firm on Unsplash

When Trump made the Supreme Court a mockery by installing some of the most controversial judges ever, a major concern was that they would target Roe v. Wade. “Oh no, that’s settled law,” we were told. “We can’t overturn it.” Wink-wink.

Now states are having a field day chipping away at Roe v. Wade. Texas is going all in. The Supreme Court is hearing a case from Mississippi which is directly challenging Roe v. Wade. The court in May agreed to take up the Mississippi case and will hear it in its term that begins in October. The justices are likely to hear oral arguments in November, with a ruling due by the end of June 2022. Is this a precursor to Roe v. Wade being overturned? Spoiler: they’re going to try. I guarantee it. Settled law, indeed.

I came of feminist age during third wave feminism. This was the era of another Supreme Court scandal: Clarence Thomas sexually harassed Anita Hill, and yet went on to be a judge.

To see this same sort of thing happen with Brett Kavanaugh and Christine Blasey Ford was a slap in the face. We hadn’t learned. So why did we think it would be any different with a woman’s right to choose?

There is no such thing as settled law. Laws are like flower bulbs. There is only law that is temporarily dormant until it’s dug up and replanted in a fertile soil. And boy, is the soil fertile right now. I worry that in my lifetime, a woman’s right to choose will be overturned. Again.

My own bulbs have withered. I am almost post-menopausal, and therefore I have no real skin in the game. Roe v. Wade was ratified in 1973. I spent my entire reproductive life in a country where I was allowed to choose what was right for me reproductively.

Whether you believe in abortion or not, it is a woman’s right to choose. Who am I to dictate someone else’s beliefs? Who are you? If you don’t believe in abortions, then don’t have one. Don’t foist your opinions on when human life begins on another. Even doctors don’t agree on this, and no amount of yelling or law-changing will change that. It all comes down to belief. The concept of when life is ‘human’ is subjective. It always will be.

We are outraged that someone else has control over Britney Spears’ reproductive choices. We are outraged that women were sterilized without their consent. When it is this direction (i.e. not allowing women to have children), there is little dissent. We are taking away their right to choose. The other direction (i.e. not allowing women to end a pregnancy) is just as valid.

I have had an abortion. I was with an abusive partner. I have family history of emotional, mental, and physical issues that might show up in any child I might have, and I decided that I didn’t want to chance the risk. It was the right decision for me. Maybe it wouldn’t be for another. That’s fine. I don’t believe that human life begins at conception.

I’m gearing up for another fight. I am menopausal now, but I cherish the freedoms that I was allowed during my child-bearing years, and I think all women should be allowed the same opportunity to choose. To decide for themselves when human life begins. To make informed choices that serve her best.

A woman’s life is as important as a fetus life. More so, even, because there is no question that a woman is really a person — a person with a right to choose what they believe and what is best for them.

Sarah Lou is a writer of many things. Besides the articles on Medium, she has written and published good plays and bad poetry. She is also a college professor, animal lover, actor, director, potter, and pandemic ukulele student. You can see more of her life at https://www.instagram.com/sarahlouhoog/

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Sarah Lou
Write Like a Girl

Educator, Dog lover, Writer, Potter. Having some fun and writing some stuff.