by Ziti Lei on 22/08/22
Background of the event
In 1969, a 25-year-old single woman, Norma McCorvey, using the name ‘Jane Roe’, challenged the criminal abortion laws in Texas. Henry Wade, the district attorney for Dallas County, defended the anti-abortion law. This case was a landmark decision of the U.S Supreme Court for conferring the right to have an abortion.
Norma McCorvey was not able to terminate an unwanted abortion and was forced to give birth to her third children because abortion was illegal in Texas except for the purpose of saving the woman’s life.
In June 1970, A Texas district ruled that the state’s abortion ban was illegal because of its violation of a constitutional right to privacy and the case was eventually appealed to the U.S. supreme court.
On 22nd June, 1973, the Supreme Court struck down the Texas law banning abortion in a 7-2 decision and legalized the procedure nationwide. The court declared that a women’s right to an abortion was implicit in the right to privacy and was protected by the 14th Amendment.
However, the right to an abortion was overturned in this year through the judgement of a case called Dobbs v Jackson Women’s heath organization.
What is happening now/current events
In 2022, the nation’s highest court deliberated on Dobbs, which ruled in favor of the constitutionality of the Mississippi law banning most abortions after 15 weeks of pregnancy. However, under Roe, the state could prohibit abortion around or after 23 weeks. Lower courts had ruled the law as unconstitutional under Roe.
The decision of the Supreme Court which gave individual states the choice of banning or allowing abortion almost immediately affected the 13 states that have trigger laws. In Arkansas, which is one of the thirteen countries, the trigger law i
s expected to take effect within days and ban almost all abortions. Performing an abortion, or attempting to perform one, could lead to high fines and long-term detentions.
What this means to the local community and wider implications
It worsens the situation for women lived in poverty
Women in states where abortion has been banned will need to travel to states where the procedure is still legal. The cost of having an abortion will increase significantly after the new legislation. The situation could naturally be worse for women living in poverty.
It negatively impacts on other protected civil rights
The original Roe decision was based on the court’s recognition that access to abortion was a ‘fundamental’ right, stemming from the notion of individual privacy as the foundation of individual liberty. At the same time, this foundational privacy right was the basis for several extremely important court decisions recognizing individual rights, such as access to contraception, same-sex marriage and interracial marriage. Many legal experts are concerned that the overturn of Roe will bring a wider negative impact on protecting other civil rights.
Lack of diversity on the bench
Poor women in the minority who are going to be most affected by the end of the federal abortion protection had lost their voice over the decision. Alicia Highes, the chief policy advisor of the National Bar association, pointed out that less than 2% black women represent in the legal field.
What we can do to help
Help them access to the safe abortion information from: https://www.safeabortionwomensright.org/i-need-an-abortion/
Assists black women: https://blackrj.org/
Assists people of color and immigrant communities: https://www.latinainstitute.org/
National network of abortion fund: https://abortionfunds.org/
Sources
https://indianexpress.com/article/explained/roe-v-wade-supreme-court-trigger-laws-explained-7990567/
https://abtc.ng/why-is-it-called-roe-v-wade/
https://www.abc.net.au/news/2022-06-25/what-is-roe-v-wade-why-has-the-us-supreme-court-struck-it-down/101183054
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