reproductive rights: we cannot afford to go back

by Chaitna Deshmukh, Reporter

Opinion/Editorial

In the United States, abortion has been a major topic of political contention for over fifty years. Like many other political issues in recent years, the nation appears to be going back in time. For the first time since the Roe v. Wade decision in 1973, the Supreme Court is seriously debating the fundamental constutitional right to abortion. In the years prior to Roe, abortion was entirely illegal in thirty states. If it were to fall, abortion would likely become illegal again in twenty-five U.S. states and three territories.

Although the official decision has not been made, a leaked draft suggested that the conservative majority of the court will be successful in their push to overturn Roe. This leak has prompted many protests, especially at the Supreme Court itself––reminiscent of protests against the original ruling. If passed, this decision is likely to be unpopular, as the majority of American citizens are not in favor of removing Roe.

The decision would also have a profound impact on the political landscape of the country. For years, Republicans have used this issue of abortion—and their goal of removing Roe—to justify any conservative president in order to add conservative justices to the court. A decision like this could remove one of the factors that drives more independent or otherwise uninvested voters to vote for conservative candidates, and would almost certainly spark a liberal backlash in the 2022 elections and beyond.

The impact of the decision doesn’t end with abortion. The argument behind Roe was that the Constitution, specifically many amendments in the Bill of Rights and the Due Process Clause of the Fourteenth Amendment, contain an implied right to a guarantee of privacy. In his draft, however, Justice Alito argues that “Roe and [Planned Parenthood vs.] Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constutional provision.” In addition, he reasons that it cannot be an implied right because “a right to abortion is not deeply rooted in the Nation’s history and traditions”.

If this decision passes, many of the rights derived from an implied right to privacy—rights many consider fundamental but have only become so in the last fifty years—will be at stake. From the right to obtain birth control, to parents’ rights to homeschool their children, to same-sex couples rights to marriage and all couples’ right to private sexual conduct: a multitude of rights will once again be under doubt. At its core, removing the right to abortion allows the government the right to interfere, and even criminalize, how people with uteri choose to medically treat their bodies. If this new ruling stands, it could extend into more invasive and harmful laws.

As residents of Washington State, our reproductive and privacy rights are not in imminent danger if Roe is overturned. But the national consequences of overturning Roe should still be relevant to us, whether from concern for our fellow citizens, or from the fear of our medical systems being overwhelmed by demand for healthcare by people from other states, which has happened in the past. If we believe ourselves to be compassionate people, we have a duty to fight for the rights of others, not just ourselves.

Although there is nothing the population can do to change the decision once it is made—and justices are not supposed to be swayed by public opinion—if the public is sufficiently fired up by this leak, the controversial nature of the decision could encourage some justices to vote differently. It is much more likely, however, that frustration will be channeled into the elections come November. If Roe is overturned, federal legislation or a constitutional amendment could still protect reproductive rights for all Americans, although with Congress in its current state of partisan gridlock, both of these options are extremely unlikely. A constitutional amendment would require two-thirds of Congress and three-fourths of states to propose and ratify, and a bill this controversial in nature would certainly be filibustered by conservatives in the Senate. Electing officials in the upcoming midterms who are prepared to fight for reproductive rights is the only way regular citizens can change this.

If we as a nation want to keep our reproductive rights, we must be prepared to fight for them at the ballot box.

Sources

“Abortion.” Gallup.com, Gallup, 12 May 2022, news.gallup.com/poll/1576/abortion.aspx.

“A Brief History of Civil Rights in the United States: Women's Reproductive Rights.” HUSL Library, Federal Depository Library Program, library.law.howard.edu/civilrightshistory/women/reproductiverights.

Gerstein, Josh, and Alexander Ward. “Exclusive: Supreme Court Has Voted to Overturn Abortion Rights, Draft Opinion Shows.” POLITICO, POLITICO, 2 May 2022, www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473.

Head, Tom. "Is Abortion Legal in Every State?" ThoughtCo, Aug. 25, 2020, thoughtco.com/is-abortion-legal-in-every-state-721094.

“Privacy.” Legal Information Institute, Legal Information Institute, www.law.cornell.edu/wex/privacy#:~:text=Eisenstadt%20v%20Baird%20(1971)%2C,the%20Fourteenth%20Amendment%2C%20not%20penumbras.

“What If Roe Fell?” Reproductiverights.org, Center for Reproductive Rights, 25 May 2022, reproductiverights.org/maps/what-if-roe-fell/.

DISCLAIMER: The opinions, beliefs, and viewpoints expressed by the various authors in this paper do not necessarily reflect the opinions, beliefs, and viewpoints of Kamiak High School or The Gauntlet.