Supreme Court Abortion Ruling: What's The Verdict?

The topic of abortion law has been a highly controversial issue in the United States, with the Supreme Court ruling on it several times. The landmark case of Roe v. Wade in 1973 recognized that the decision to continue or end a pregnancy belongs to the individual, not the government, and that the Constitution protects the right to abortion prior to fetal viability. This ruling was overturned in 2022 by the Supreme Court, which ruled that there is no federal constitutional right to abortion. This has resulted in a state-by-state approach to abortion rights, with some states banning abortion outright while others have moved to expand or cement abortion rights.

The Supreme Court's decision to overturn Roe v. Wade

On June 24, 2022, the Supreme Court ruled to overturn Roe v. Wade, a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States generally protected a right to have an abortion. The Supreme Court's decision in Roe was among the most controversial in U.S. history. The ruling struck down many abortion laws and caused an ongoing abortion debate in the United States about whether, or to what extent, abortion should be legal, who should decide the legality of abortion, and what the role of moral and religious views in the political sphere should be.

The impact of Roe v. Wade

Roe v. Wade was a landmark decision by the U.S. Supreme Court in 1973, which ruled that the Constitution of the United States generally protected a person's right to have an abortion. The decision struck down many abortion laws and caused an ongoing abortion debate in the United States.

The Supreme Court's ruling in Roe v. Wade decriminalized abortion nationwide and protected the right to access abortion legally across the country. The decision gave pregnant women the right to privacy, which protected their decision to terminate a pregnancy. The ruling also held that the right to abortion was not absolute and must be balanced against the government's interests in protecting women's health and prenatal life.

The decision in Roe v. Wade had far-reaching consequences and shaped the debate on abortion in the United States. It also had a significant impact on the political landscape, with the decision radically reconfiguring the voting coalitions of the Republican and Democratic parties in the following decades.

The Supreme Court's ruling in Roe v. Wade also had a direct impact on the lives of women in the United States, particularly those from marginalized communities. The decision gave women the right to make their own decisions about their bodies and their reproductive health. For many women, especially those from marginalized communities, the decision meant access to safe and legal abortion services.

However, it is important to note that even with Roe v. Wade in place, many people in the United States, particularly those from marginalized communities, still faced barriers in accessing abortion services. Systemic racism, ongoing white supremacy, and coercive reproductive health policies limited access to abortion for Black, Latino, Indigenous, and other communities of color.

In June 2022, the Supreme Court overruled Roe v. Wade, ending the constitutional right to abortion in the United States. This decision had significant repercussions, with one in three women now living in states where abortion is not accessible. The overturning of Roe v. Wade has particularly impacted marginalized communities, including Black, Latino, Indigenous, and other communities of color, who already faced barriers in accessing healthcare.

The law after Roe v. Wade

The Roe v. Wade ruling in 1973 was a landmark decision by the U.S. Supreme Court, which recognised the right to abortion. The decision held that the right to liberty in the Constitution, which protects personal privacy, includes the right to decide whether to continue a pregnancy.

The Supreme Court's decision in Roe v. Wade was controversial and was criticised by some in the legal community. Anti-abortion politicians and activists sought for decades to restrict abortion or overrule the decision.

In 1992, the Supreme Court reaffirmed Roe's central holding in its decision in Planned Parenthood v. Casey. Casey overruled Roe's trimester framework and abandoned its "strict scrutiny" standard in favour of an "undue burden" test.

In June 2022, the Supreme Court overruled Roe and Casey in Dobbs v. Jackson Women's Health Organization. The ruling in Dobbs abandoned nearly 50 years of precedent and marked the first time in history that the Supreme Court has taken away a fundamental right.

Since the Court's decision in Dobbs, more than a dozen states have banned abortion outright, forcing people to travel hundreds or thousands of miles to access abortion care or to carry pregnancies against their will.

The Supreme Court's abortion views

The Supreme Court's views on abortion have been the subject of much debate and controversy over the years. In the landmark 1973 case of Roe v. Wade, the Court ruled that the Constitution of the United States generally protected a right to have an abortion. This decision struck down many abortion laws and sparked an ongoing abortion debate in the United States. The Court's ruling in Roe was among the most controversial in U.S. history, with some criticising it as a form of judicial activism.

The Court's decision in Roe v. Wade held that the Due Process Clause of the Fourteenth Amendment to the United States Constitution provides a fundamental "right to privacy", which protects a pregnant woman's right to an abortion. The Court recognised that this right to privacy, found in the Ninth Amendment, was broad enough to encompass a woman's decision to terminate her pregnancy. However, the Court also held that this right was not absolute and must be balanced against the government's interests in protecting women's health and prenatal life. To resolve these competing interests, the Court announced a pregnancy trimester timetable to govern all abortion regulations in the United States.

The Supreme Court's views on abortion have evolved over time, and in 2022, the Court overruled Roe v. Wade in the case of Dobbs v. Jackson Women's Health Organization. This ruling ended the constitutional right to abortion in the United States, with the Court holding that the substantive right to abortion was not "deeply rooted in this Nation's history or tradition". This decision has been highly controversial, with some arguing that it fails to consider the equality dimensions of abortion rights and the impact on historically marginalised communities.

The views of individual Supreme Court justices on abortion have also varied. For example, Justice Clarence Thomas has written that Roe v. Wade was "grievously wrong", while Justice Ketanji Brown Jackson has described it as "settled law". Justice Samuel Alito, who wrote the majority opinion in Dobbs v. Jackson Women's Health Organization, has long complained about the Court's refusal to allow states to regulate abortion. On the other hand, Justice Elena Kagan has voted consistently against restrictions on abortion and dissented in Dobbs.

The future of abortion rights

In the first few months after Roe was overturned, 18 states banned or severely restricted abortion. Today, more states are working to pass bans. The abortion bans that have taken effect since June 2022 have inflicted harm on Black, Latino, Indigenous, and other communities of color, where systemic racism has long blocked access to opportunity and healthcare.

However, abortion rights advocates have had some successes. Abortion remains legal in 22 states and Washington, D.C. In addition, abortion-related ballot measures have passed in a number of states since the Supreme Court overturned Roe v. Wade, and voters in about a dozen states will decide the fate of abortion rights with constitutional amendments on the ballot in the November 2024 elections.

One key battle is over abortion pills, which now account for nearly two-thirds of abortions in the US. While the Supreme Court recently rejected an attempt to significantly restrict access to mifepristone, its ruling left an opening for three states – Missouri, Kansas, and Idaho – to revive the challenge. A Louisiana law that took effect on October 1, 2024, categorizes both mifepristone and misoprostol as "controlled dangerous substances," an approach that some abortion opponents hope will be a template for other states to follow.

Another key issue is the protection of abortion providers and patients from prosecution and harassment. In some states, such as Texas, those who facilitate abortions can face harsh penalties, including life in prison and revocation of their state medical license. In addition, abortion providers in states with restrictive laws may be forced to operate outside of their state's laws or risk losing their livelihoods.

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