An opinion leak from last week has shaken onlookers as Supreme Court discusses the strike-down of landmark abortion rights legislation.
The conversation surrounding abortion and reproductive rights has been highly divisive and polarising in the United States for the past 40 years.
The landmark decision made in 1973 became a lightning rod for political narratives, putting the pro-life/pro-choice movement at the helm of American politics.
The SCOTUS leak:
Politico reported on May 2nd that the Supreme court had already voted to strike down Roe v Wade behind closed doors stating that abortion rights were not originally part of the constitution.
This comes from an opinion note part of a 98-page draft made by Justice Samuel Alito that reads “Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division”
This vote reportedly took place in December 2021, following a prominent case in Mississippi months prior.
Origins of Roe V Wade:
Roe v Wade is a historic decision by the U.S Supreme Court judgement that the U.S Constitution protects the right of a woman to choose to have an abortion with minimal government intervention. This stemmed from a 1973 case, Norma McCorvey ( Jane Roe) versus then-Texas state district attorney Henry Wade.
McCorvey fell pregnant with her third child in 1969 but was denied an abortion in Texas. She then sued for the right to terminate a pregnancy in the state. After winning in state courts, it was sent to the U.S Supreme Court which ruled 7-2 in favor of Roe.
How did the judgement change US policy?
Soon after the ruling was in place, 46 US states changed their laws to decriminalise abortion. This allowed lawmakers to make state policies to regulate abortions instead of bans. Since then, states such as New York and California have expanded reproductive rights legislation over the years. This paved the way for other contraceptive measures to be researched and available at large.
On the other side the argument against abortion grew stronger amongst a growing population of conservative religious groups.
The “Pro-Life” movement gained momentum in the ’70s and ’80s working to counteract the efforts of Roe. Groups worked towards actively blocking women’s reproductive choice legislation and pushing to re-criminalise abortion nationwide.
More recently, religious pro-life groups have gained notoriety for lining up outside planned parenthood locations to steer women away from getting abortions. Planned parenthood is a state-funded reproductive healthcare provider.
Many prominent U.S politicians have used the anti-abortion platforms to win elections in conservative states. For example, Mitch McConnell, Ted Cruz, Marjorie Taylor Greene and most notably, 45th President Donald J Trump are pro-life candidates.
Planned Parenthood v. Casey:
The Supreme Court has also privately voted to overturn Planned Parenthood v Casey, a revisit to the original case. This case helped remove the need for spousal approval and removed Roe’s trimester framework.
What Happens Now?
The official vote is likely in June 2022 and the possibilities of an overturn are high, if not certain.
The majority opinion will fall in favour of the 6 sitting conservative SCOTUS members; Justices Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. The three most recent and controversial appointments to the court Justices Gorsuch, Kavanaugh and Coney-Barrett were made by President Donald Trump who explicitly stated that all his nominations would be those who would vote to overturn Roe and Casey.
The fate of women’s reproductive rights in the USA:
“Between 20% and 25% of all pregnancies ended in abortion before Roe v Wade……Historically, the most commonplace method that women have used when they haven’t been able to obtain legal abortions is self-induction. Those are the horror stories that you hear of women trying to fall downstairs or ingesting poisons or using instruments to try to induce an abortion.”
KARISSA HAUGEBERG,
(ASSISTANT PROFESSOR OF HISTORY AT TULANE UNIVERSITY) via NPR.
Roe V Wade and Planned Parenthood V Casey ensured women bodily autonomy and privacy for the first time in the country’s history. Criminalizing abortions could lead to women choosing to undergo illegal procedures that are unlicensed, dangerous and possibly fatal.
The removal of Roe V Wade would bring the ultimate choice over abortion to state legislatures. The fate of women living in states with pro-life leaders is yet to be known.
Read More-US President Joe Biden urges Americans to defend abortion rights
