Supreme Court ruling in 1973, Roe v Wade 410 U.S. 113, said that the Constitution of the United States generally protects a pregnant woman’s right to choose to terminate her pregnancy. The judgment, which overturned many of the nation’s federal and state abortion prohibitions, sparked a national debate about whether or not abortion should be permitted, who should make that choice, and what role religious and moral beliefs should have in politics.
What Is Wrong with Roe vs Wade
For the first time in more than 50 years, the U.S. Supreme Court has declared that the constitutional right to abortion, which had been upheld for almost 50 years, has been overturned.
“Must be overruled,” Justice Samuel Alito wrote in his majority opinion because the 1973 Roe decision and repeated subsequent high court decisions reaffirming Roe were “egregiously wrong,” the arguments were “exceptionally weak,” and they were so “damaging” that they amounted to “an abuse of judicial authority.”
As a result of the ruling, which was largely leaked in the early days of May, abortion rights will be curtailed immediately in over half of the states, with other limitations certain to follow. Abortion will not be available in broad parts of the country for the foreseeable future. As a result of this ruling, the Supreme Court and the abortion debate could become a major issue in the forthcoming fall elections and for the rest of the fall and after.
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Alito’s opinion is a tour de force of the various criticisms of Roe that have long existed in academia
An appendix of 30 pages is included in Alito’s 78-page ruling; the appendix appears to leave no authority uncited in support of the argument that there is no fundamental right to privacy or personal autonomy in various parts of the Constitution.
As an example, Alito mentioned Planned Parenthood v. Casey, a 1992 case written by three Republican nominees to the Supreme Court: Sandra Day O’Connor, Anthony Kennedy, and David Souter. Contraception can prevent nearly all unwanted pregnancies, according to Alito, who cited language in the Casey judgment that indicated “conceded” reliance interests were not truly at issue.
The majority of persons who want, but are unable to obtain, an abortion will take their pregnancies to term, regardless of their desire. This has been extensively studied and reported. The Turnaway Study is one of the most extensive studies on the impact of abortion availability. It followed nearly 1,000 US women for five years after they sought abortions and either obtained them or were denied.
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Reproductive health expert Diana Greene Foster, who led the study, discovered2 that women who were denied an abortion were more likely to live in poverty than those who had one. Additionally, the study found that women who were denied the option of abortion were more likely to claim that they would be unable to afford the costs of raising a child. Other factors, such as education and physical and mental health, were worse for women who were unable to have the procedure
A Cascade of Newly Active State Laws
Many states’ anti-abortion rights legislators are moving forward with newer measures known as “trigger bans” in preparation for the Supreme Court’s decision later this year. According to CRR and Guttmacher, 15 states — mostly in the South, West, and Midwest – have such laws in place, but they fall into several categories.
Some states will move rapidly to outlaw abortions. New research by the Guttmacher Institute has found that South Dakota, Kentucky, and Louisiana all had laws in place that were planned to take effect immediately after the Supreme Court struck down the Roe v. Wade decision.
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Laws identical to those of Idaho, Tennessee, and Texas, which prohibit abortions after six weeks of pregnancy, would take effect 30 days from now in those states. Governors and attorneys general in the seven other “trigger ban” states, according to Guttmacher, are required to take action in order to put the legislation into effect.