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US Supreme Court Overturns Roe v. Wade, Effectively Reversing Abortion Rights

Following Friday’s decision, the power to determine the extent of the right to abortion will lie with state legislators and elected representatives.

June 27, 2022
US Supreme Court Overturns Roe v. Wade, Effectively Reversing Abortion Rights
The decision could lead to a ban on abortions in around 26 states, 21 of which have already introduced laws against abortion rights.
IMAGE SOURCE: ABC News

On Friday, the United States (US) Supreme Court (SC) overturned the landmark 1973 Roe v. Wade ruling, thereby leaving the matter of abortion laws up to individual states.

The SC judgement is a ruling on the Dobbs vs. Jackson Women’s Health Organization case, which was brought forth to check the validity of a Mississippi law that bans abortions after 15 weeks.

The judges remarked that the right to abortion was “entirely unknown” until the 20th century and thus couldn’t be read into the idea of “liberty.” Unlike other sexual rights, abortion would destroy “foetal life,” which the law considers as an “unborn human being,” the court said. It stressed that the decision did not pertain to any other rights that “do not concern abortion,” including LGBTQ freedoms and other sexual autonomy rights.

In this regard, the SC said that the Roe v. Wade judgement was “egregiously wrong from the start” and had “damaging consequences” because of its loose “treatment of constitutional text.” 

It further justified its decision by saying that 26 states had urged the court to “return the issue of abortion to the people and their elected representatives.” Keeping this mind, the court has now awarded the power to determine the right to abortion to state legislatures.

Six conservative bloc judges ruled in favour of the decision, while the three liberal appointees voted against the restrictions on abortion rights. The debate is one among several highly polarised debates in the US, wherein one side believes that life begins at conception while others say regardless of whether or not that is your belief, women must have sole autonomy on all decisions related to their own bodies. There are some within the conservative voter base who call for certain exemptions on abortion, such as in cases of rape or incest; it remains to be seen, however, how red states, which now have the power to introduce their own abortion laws, react to this ruling.

The historic Roe v. Wade Supreme Court ruling back in 1973 determined that the right to abortion was a significant part of the right to personal autonomy, even though the constitution does not make any specific reference to the issue.

The judgement drew a line at the end of the second trimester of pregnancy, saying this is when “foetal viability” is achieved and the foetus could hypothetically survive outside the womb. This left laws on the third trimester up to state legislatures.

While there have been questions about the scientific legitimacy of the second trimester timeline and whether the right to abortion can be read into the constitution, the decision had largely survived several legal challenges until last Friday.

The apex court’s decision comes amid a series of challenges against abortion rights across the country. For instance, Oklahoma and Florida introduced new restrictions on abortion rights just last month.

In fact, according to Guttmacher Institute, an organisation that has long supported abortion rights, the decision could lead to a ban on abortions in around 26 southern and midwestern states, 21 of which have already introduced laws or amendments against abortion rights. 

For instance, in Kentucky, Louisiana, and South Dakota, “trigger bans” that would ban abortions as soon as the Roe v. Wade judgement was reversed were enforced immediately following the ban. Other states have similar trigger laws that will come into effect after a specific amount of time or contingent on state government action.

The decision was vehemently opposed by President Joe Biden, who said that the judgement could force victims to carry and raise the child that are conceived as a result of rape or incest. He stressed that three judges that ruled in favour of the judgement were appointed by his predecessor Donald Trump. The incumbent leader underscored support for the Roe v. Wade ruling, which he said “reaffirmed the principles of equality” and privacy.

Nevertheless, he urged citizens to keep all “protests peaceful”.” He also emphasised his support for the women who are impacted by the decision and vowed to use “all of [his] appropriate powers” to push back against the ruling.

The leaders of several countries and international organisations have spoken out against the SC ruling. For instance, United Nations (UN) High Commissioner for Human Rights Michelle Bachelet said the judgement was a “major setback” for “women and girls’ autonomy and ability to make their own choices their bodies and lives, free of discrimination, violence and coercion.

Meanwhile, UN Secretary-General António Guterres’ spokesperson, Stéphane Dujarric, stressed that the ruling would not deter people from seeking abortion and merely restricts access to safe abortions. “The United Nations Population Fund] tells us that some 45 per cent of all abortions around the world are unsafe, making it a leading cause of maternal [death],” he noted.

Similarly, Canadian Prime Minister Justin Trudeau said that he condemned the “horrific” developments that impact millions of American women and vowed to “always stand up” for the right to choose. Likewise, French President Emmanuel Macron asserted that the right to abortion must be a “fundamental right.”

Taking a more diplomatic stand, British Prime Minister Boris Johnson remarked that while this was a matter relating to another country’s jurisdiction, it had “massive impacts on people’s thinking around the world.” He noted, however, that he viewed it as a “big step backwards.”

These views were echoed by Scottish First Minister Nicola Sturgeon, Norwegian Prime Minister Jonas Gahr Støre, New Zealand Prime Minister Jacida Arden, and Belgium Prime Minister Alexander de Croo.