Local & National News
The Supreme Court is going to overturn 'Roe v. Wade.' What does that mean, and what can I do?
Local & National News
The Supreme Court is going to overturn 'Roe v. Wade.' What does that mean, and what can I do?
By Sam Posner
“Roe was egregiously wrong from the start… We hold that Roe and Casey must be overruled… It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
As hard as it is to believe that those words were written by a Supreme Court justice in 2022, at a time when 70% or more of Americans favor a woman’s right to choose, the Court is expected to decide just that, based on a leaked ruling obtained by Politico and other news outlets on the night of Monday, May 2, written by Samuel Alito, and presumably joined by Amy Coney Barrett, Brett Kavanaugh, Neil Gorsuch, Clarence Thomas, and possibly (though not likely) John Roberts.
Now, let’s take this leak at face value: assuming, for the sake of this article, that this ruling will be put into effect. And let’s examine its repercussions, both immediate and longer-term, and see where they lead us and what we can do.
First, and most explicitly, the Constitutional right to abortion has been done away with. Instead, the ability to decide the legality of abortion has been turned over to the states. Many states will almost certainly outlaw abortion completely, and some states even have trigger laws in place, which will ban abortion in that state the second that Roe is overturned.
But who does that affect most? Unsurprisingly, it is African-Americans, Hispanic-Americans, uninsured Americans, teenage Americans, and so many others impacted by the structural inequalities embedded in and perpetuated by our political and legal system. These people, already burdened with lower-quality medical care and advice as well as less access to critical resources, will now be faced with a decision that no one should ever be forced to make: either bear a child that they cannot afford to raise, one who might be a product of rape or incest, one whose birth may endanger it as well as the mother, or seek out dangerous methods of terminating the pregnancy that could endanger them legally as well as bodily. More children will be born into desolate poverty and destitution, their chance at any recourse from that poverty fundamentally hindered by those same conservatives that forced their mothers to carry them to term in the first place.
Even beyond these real-world effects, there is serious trouble in the mechanics of this decision. If this ruling is issued as written and reported, the principle of stare decisis, or the idea that past precedent should define future ruling. Instead of adhering to this principle, the court has created a new doctrine wherein they can rule, independent of precedence, completely at their whim. The bottom line is this: The Supreme Court of the United States will issue a ruling completely contrary to conventional legal theory, one that fundamentally strips away reproductive rights in a way that will indisputably lead to harm for those being forced to carry children to term, as well as for those children themselves.
Second, there is language within the ruling itself that could have damning repercussions beyond just those of the immediate decision. Specifically, text from the ruling states that, although the 3rd, 9th, and 14th amendments guarantee some rights that are not specifically enumerated by the Constitution, those rights must be “deeply rooted in this Nation’s history and tradition” to be protected under the Constitution. By that definition, any number of landmark rulings could be overturned on the basis that the rights that they guaranteed were not deeply rooted in the history and tradition of our country. Cases such as Loving v. Virginia, which guaranteed the right to interracial marriage. Cases such as Griswold v. Connecticut, which guaranteed the right to access contraceptives. Cases such as Engel v. Vitale, which ruled that mandatory school prayer was unconstitutional. And cases such as Lawrence v. Texas and Obergefell v. Hodges, which guaranteed the right to same-sex relationships and marriage. All in danger, due to the rights that they guarantee not being “deeply rooted” in our history—not because they are not intrinsically American, but because of systemic racism, homophobia, and a lack of respect for non-Christians that were all too pervasive in our early years as a country, and are certainly still present today. All in all, this ruling spells danger not just for reproductive rights, but LGBTQ+ rights and the rights of racial and religious minorities within our country.
So what can be done? Some states have already taken up the onus. Massachusetts is one of about a dozen states that protects the right to an abortion, either in their laws or their state Constitutions, so nothing would fundamentally change here or within those dozen other states if this ruling goes into effect. But looking outside of our “blue bubble,” many states have so-called trigger laws on the books, designed to severely limit or outright ban abortion in the event that Roe is overturned. Many states without trigger laws are expected to outlaw abortion as well, or already have. However, there are a multitude of actions that can be taken to help those affected by the ruling, especially in those trigger law states. Organizations such as Planned Parenthood, the ACLU, NARAL Pro-Choice America, and so many others do amazing work every single day educating, advocating, and raising awareness about reproductive rights. Donations and other forms of amplifying these messages (such as retweets and comments on social media) can go a long way in helping protect these rights, in courts of law and in the court of public opinion. Beyond that, call your representatives and senators. Write letters. Attend protests. Make your voice heard in any way you can. And, most importantly of all: vote. Many of you reading this will be able to vote come November. If you are registered, do your research. If you aren’t registered but are eligible, register and then do your research. Vote for candidates who support the right to choose, and who support the right to privacy for all Americans.
In the face of this ruling, it’s okay to be angry. I’m angry too. But let’s make sure that we use that anger in the right way. Don’t give up the fight. Rather than retreat to the sidelines in frustration, we have to dig in deeper and continue to push, because so many people are depending on us doing just that. With that in mind, let’s get to work.