Impact of Roe v. Wade Overturn on Abortion Access and Women’s Rights in the U.S.

Introduction

With its Roe V. Wade ruling in 1973, the Supreme Court declared abortion acceptable in every state. However, the battle that had given rise to the Supreme Court’s victories was not over. Few people in that historic year could have predicted how combustible the abortion debate might become and how challenging it would be to preserve the right. Back then, nobody could have predicted the enormous impact access to safe, legal abortion would have on women’s economic, social, and political advancement over the ensuing 25 years (Gostin & Reingold, 2022). States could no longer criminalize abortion thanks to the Supreme Court’s ruling in Roe and Doe.

The ruling helped to lower the barriers to safe, legal abortion. The option of having an unwelcome pregnancy or jeopardizing the lives and health of women by getting an illegal abortion was no longer forced upon them (Reingold & Gostin, 2022). This essay explores the journey through which abortion was decriminalized in the United States. Consideration is also given to the effects that abortion legalization brought upon society.

Currently, most states have laws that mandate parental notification or consent to be obtained before a minor can receive abortion treatment. Many young adults actively engage their parents when confronted with an unwanted pregnancy. However, those who cannot do so due to lack of access to their parents, fear of offending or disappointing, or those who suffer abuse in their homes should seek the guidance of a trained healthcare provider rather than confront the situation on their own and in fear (Reingold & Gostin, 2022).

Young adults are the best qualified to decide whom they trust with their care. Such a qualification is because they are specialists in their individual fields. Research has demonstrated that these laws frequently restrict young people’s access to abortion.

In the process, such obstruction endangers their safety and health. The laws negatively affect youth and young women of color who are immigrants. Most Americans favor allowing young people to choose for themselves regarding their reproductive and sexual health without their parents’ input.

History of Abortion in the U.S.

In reality, many states did not make abortion illegal until later in the nineteenth century. Before that, healthcare professionals and other columnists thought abortion was widely pursued and accessible. They calculated that out of every four live births, there was one abortion (Ziegler,2020).

However, beginning in the middle of the nineteenth century, abortion opponents came from various angles. Medical professionals accused their rivals, folk healers and midwives, of performing dangerous and excessive abortions. In the process, their newly established professional groups pursued criminal penalties.

Enacted laws forced abortion underground rather than outlawing it. Thousands of women were injured and murdered by the dangerous and unhygienic practice of illegal abortion. Finally, a call for the legalization of abortion arose in the 1960s when doctors, women, and clergy led the outcry (Ziegler, 2020). The American Civil Liberties Union (ACLU) led this progression from the front. The ACLU was the initial group to advocate for a woman’s ability to choose abortion.

Doe v. Bolton and Roe V. Wade, two cases that supported a person’s right to an abortion, were rendered by the Supreme Court in 1973. The ACLU became engaged in both cases due to the efforts that Kenyon had pioneered. In Roe V. Wade, Norman Dorsen was one of the attorneys defending the plaintiffs (Ziegler, 2020).

In Doe v. Bolton, the ACLU of Georgia assembled a group of three female attorneys to defend the plaintiffs (Ziegler, 2020). Roe v. Wade contested a Texas law that forbade abortions other than those that saved lives. The Supreme Court struck down the legislation on the premise that a woman’s choice to end her pregnancy fell under the constitutionally protected right to confidentiality.

The Supreme Court struck down a Georgia abortion law in Doe v. Bolton. Except in instances of fetal abnormality, rape, or when it was essential to safeguard a woman’s health or life, the law forbade abortions. In addition to other requirements, the law mandated that any abortions be carried out in specific hospitals with the approval of a hospital committee, two additional doctors, and the woman herself (Ziegler, 2020). The Court ruled the Georgia law illegal because it placed many constraints and interrupted a citizen’s right to choose to end her pregnancy in consultation with her doctor.

The rulings in Doe v. Bolton and Roe V. Wade by the Supreme Court were felt across the country. No other state could enact abortion-related restrictions after the Supreme Court declared the Georgia and Texas laws unconstitutional (Ziegler, 2020). The Court followed public opinion when it issued its precedent-setting decisions. The ten-year effort to legalize abortion resulted in a change in public opinion.

Abortion in the 21st Century

Abortion rights have been under attack in the past few years as anti-abortion activists and lawmakers have collaborated to make abortion more difficult to obtain. Bills that would erect unnecessary and condescending barriers in the path of those wishing to pursue this legal action are regularly presented in state legislatures. Bans at various stages of pregnancy, ultrasound needs, waiting periods, and TRAP laws that present unnecessary medical limitations on how facilities are constructed and run are common in the country (Jaffe, 2021).

There are also bans on selecting individuals based on their race or sexual orientation, counseling regulations, and financial support for fake clinics that deceive patients into seeking abortion care but do not provide it. Currently, abortion laws and regulations significantly differ per state. So-called fetal heartbeat legislation that forbids access to abortion once an embryonic cardiovascular activity is discovered has been passed by thirteen states (Jaffe, 2021). Courts have upheld their enforcement as being unconstitutional and immoral practices.

On September 1, 2021, the United States Supreme Court decided not to overturn a Texas fetal heartbeat legislation that essentially makes the availability of abortion services in that state impossible. The landmark Roe V. Wade ruling, which defined a right guaranteed by the Constitution to an abortion before the fetal heartbeat, was overturned by the U.S. Supreme Court on June 24, 2022 (Cohen et al., 2022).

The Court’s backward decision contrasts sharply with global trends extending abortion rights. The decision will worsen already intolerable economic and health inequalities. It will also leave more Americans without full access to bodily and health integrity rights.

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court overturned a half-century of precedent by declaring no abortion rights enshrined in the Constitution (Gostin & Reingold, 2022). The logic was that such a right was not necessary for ordered liberty. Similar justification supports the constitutional rights to modern contraceptives, same-gender marriage, and same-gender intimacy. The latest Supreme Court ruling puts those rights at risk from future rulings.

Conclusion

Women’s remarkable progress over the last 25 years is primarily supported by the availability of legal and safe abortions. The well-being of women has significantly improved since abortion became legal. Back-alley abortion clinics were replaced by clean, sterile settings staffed by medical professionals.

The advancement of customized clinics, the availability of open communication among professionals, and high-quality tutoring all contributed to the safe operation of abortion services. For women at all phases of their lives, not having to deal with unwelcome childbirth has made a significant difference. The Supreme Court’s overturning of abortion rights has severe consequences for women’s rights. Bans on abortion will adversely impact underserved and disenfranchised people, including those who are poor or live in rural areas, belong to ethnic or racial minority groups, are young, unidentified, or are victims of domestic violence.

References

Cohen, I. G., Reingold, R. B., & Gostin, L. O. (2022). Supreme court ruling on the Texas abortion law: Beginning to Unravel Roe v Wade. JAMA, 327(7). Web.

Gostin, L. O., & Reingold, R. B. (2022). Ending the constitutional right to abortion in the United States. BMJ, 378. Web.

Jaffe, S. (2021). U.S. Supreme Court expected to weaken abortion rights. The Lancet, 398(10317), 2137–2138. Web.

Reingold, R. B., & Gostin, L. O. (2022). The leaked Supreme Court ruling opinion: Implications for abortion access. JAMA. Web.

Ziegler, M. (2020). When Roe V. Wade Meant more than just abortion rights. Conscience, (1), pp. 1–1.