The recent decision to overturn the federal right to abortion granted in 1973 for lack of constitutional support sparks a ferocious debate around the country.
Photo credit: Maria Oswalt
Before the famous decision Roe v. Wade, which federalized abortion rights, several American States, including Texas, had abortion restrictions. Abortion wasn't made illegal in the United States until the 19th century, according to a thorough piece published by National Geographic.
When Norma McCorvey, the plaintiff, was unable to obtain an abortion because of Texas' anti-abortion laws, Jane Roe, a fictitious name used to protect the plaintiff's identity under the claims of the right to privacy, which is guaranteed by the Fourteenth Amendment, filed a federal action against then-Dallas County, Texas, district attorney Henry Wade.
The Court found 7 to 2 in favor of Roe, finding that a woman's right to an abortion was inherent in the right to privacy that is protected by the 14th Amendment. Roe claimed that the Texas statute infringed on her constitutional right to privacy. The lady has the exclusive authority to determine whether or not to terminate her pregnancy in the first trimester since the courts separated pregnancy into three trimesters. Government regulation of abortions throughout the second and third trimesters may be necessary to safeguard the mother's health or the unborn child's. As a result, the decision upheld a woman's right to an abortion globally.
Since the decision in 1973, an estimated 63,459,781 abortions have been performed in America, according to the National Right to Life Committee (NRLC), the country's oldest pro-life organization, using data from the Centers for Disease Control and Prevention (CDC) and the Guttmacher Institute.
Photo credits: Maria Oswalt/ Gayatri Malhotra/ Harrison Mitchell
On the other hand, a sizeable proportion of Americans disagree, believing that the right to an abortion has never been protected by the Constitution. Their case has its foundation in the biological definition and understanding of conception as the moment when life starts. They provide pregnant women who are unmarried the support and information they require, as well as other options that wouldn't result in the death of the unborn child. One of the most well-known organizations in America, Live Action, works to change people's views about abortion by conducting in-depth investigations into the exploitation of women.
The Mississippi Gestational Age Act prohibits "a person from intentionally or knowingly performing... or inducing an abortion of an unborn human being after 15 weeks, except in the case of a severe fetal abnormality," and the Supreme Court heard arguments in Dobbs v. Jackson, a case involving a women's health organization. Roe v. Wade was effectively overturned by the Supreme Court's decision (6–3) in favor of Mississippi's state chief executive officer Dobbs because the Constitution does not grant a right to abortion,
and the people and their elected representatives should once again have the power to regulate abortion.
Contrary to the widely held misconception that Roe v. Wade's abolition automatically denies women the right to an abortion, as stated by President Biden (The White House), the Supreme Court's ruling did not outlaw the procedure in the United States; rather, it simply gave individual states the authority to enact their abortion-related laws.
According to health experts, the high abortion rates among Black women can be attributed to disparities in healthcare access, such as a lack of health insurance and contraceptives in underserved communities, which is one of the most widespread misconceptions following the historic decision by the SCOTUS. This is readily refuted because organizations like Planned Parenthood take pleasure in offering helpful information and cheap or nearly free birth control pills to women who need them and only resort to abortions in extreme cases. Contraceptives are more widely available and less costly today than they were fifty years ago. However, the Jackson Women’s Health Organization offers abortions for as little as $600.
The answer would seem straightforward: address the root problem to prevent the inevitable repercussions, which inevitably result in the death of the unborn. In such underserved towns, where are the governors, mayors, and congressmen/women? Why and how is abortion the solution?
California Governor Gavin Newsom signed AB 1666 by Assembly member Rebecca Bauer-Kahan (D-Orinda) following the SCOTUS's decision on June 24th, which seeks to protect those in California from civil liability for providing, aiding, or receiving abortion care in the state as a response to lawmakers in Missouri proposing to allow private citizens to sue Missouri residents who have an abortion out of state. Abortion remains legal in the State of California and, in some cases, even after viability.
Abortions are now illegal in Ohio after six weeks, which is the time at which a heartbeat may be found. According to Ohio Governor Mike DeWine, his government is already working on adoptions and pre-and post-natal care.
Texas has banned abortion after six weeks and granted people the power to sue abortionists and other parties. A federal law sponsored by Senator Marco Rubio would bar businesses from earning tax advantages if they give their staff members access to abortions.
Regardless of how Americans feel about the topic, returning the authority to the States would seem reasonable and within their constitutional rights, as stated by Justice Samuel Alito:
“Roe was egregiously wrong from the start …it is time to heed the constitution and return the issue of abortion to the people’s elected representatives.”
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