Embedded Files
Article by Merle Grunert (Published 24.11.2023)
The Roe v. Wade case dates back to a lawsuit in 1973 filed by Jane Roe, an unmarried pregnant woman living in Texas, who filed the lawsuit against Henry Wade (the district attorney), to change the illegality of carrying out an abortion in Texas.
Roe and others involved argued that, apart from Texas’ abortion laws being too vague, the laws invaded an individual's rights to “liberty” and based most of their arguments on personal and privacy rights. Texas' defence was based on protecting prenatal life and that said life is a state interest from the time of conception, which would be as soon as sperm fertilises an egg.
The Supreme Court ruled, that that abortion does fall under privacy rights and recognised that carrying out an unwanted pregnancy not only puts physical and mental health at risk but also causes financial burdens and social stigma. Acknowledging these points while still trying to “protect” the fetuses' lives the court constructed a framework that complimented both state interest and privacy rights. The new law divided pregnancy into three twelve-week trimesters.
During the first trimester, the state can not control abortion as long as the procedure is performed by a doctor (in medically safe conditions). In the second trimester, the state could regulate abortion if the reasons are justified and related to the health of the pregnant person. Finally, during the third trimester, the state's interest in protecting prenatal life is predominant to the right of privacy. The state may deny someone the right to an abortion unless it is necessary to defend the life or health of the pregnant person.
The Roe v. Wade case would not be the last time abortion laws were debated and modified in the Supreme Court, but the privacy right remained. That is until 2022.
On the 24th of June 2022, the Supreme Court overturned Roe v. Wade making it ineffective. 50 years of legal precedent was dismantled and allowed every individual state to limit or entirely ban abortions, which has caused many demonstrations and nation wide political outrage.
However anti-abortion groups are now shifting their focus away from abortions and are targeting contraceptives.
A year after the overruling of Roe v. Wade the debate continues and has moved onto contraceptives, specifically the access to birth control. Though birth control is still legal, it is not easily accessed.
Patients face long waits for an appointment at clinics that provide birth control and are denied insurance coverage. It is uncertain whether the restriction of birth control would also include the morning-after pill or IUDs, which are women's last resort in many states.
Overruling the Roe v. Wade case has created outrage, problems and distrust among citizens in America. Furthermore, it causes concern for the safety of pregnant people and has layed the grounds for a hostile environment.
Sources:
Baptista, D. (2023, June 22). U.S. women struggle to find contraception as restrictions Mount. Context. https://www.context.news/socioeconomic-inclusion/us-women-struggle-to-find-contraception-as-restrictions-mount
Conception: Fertilization, Process & When it happens. Cleveland Clinic. (n.d.). https://my.clevelandclinic.org/health/articles/11585-conception
Jones, K. B. (2023, June 15). A year after the Supreme Court overturned Roe v. Wade, trends in state abortion laws have emerged. Center for American Progress. https://www.americanprogress.org/article/a-year-after-the-supreme-court-overturned-roe-v-wade-trends-in-state-abortion-laws-have-emerged/
Temme, L. (n.d.). Roe v. Wade Case Summary: What You Need To Know - Findlaw. FindLaw. https://supreme.findlaw.com/supreme-court-insights/roe-v--wade-case-summary--what-you-need-to-know.html
Page updated
Google Sites
Report abuse