The Supreme Court's Abortion Ruling: What's The Law Now?

The topic of abortion has been a highly debated issue in the United States for decades. In 1973, the U.S. Supreme Court's ruling in Roe v. Wade recognised that the decision to continue or end a pregnancy belongs to the individual, not the government. The Supreme Court's ruling decriminalised abortion nationwide and protected the right to access abortion legally across the country.

However, in June 2022, the Supreme Court overturned Roe v. Wade, ruling that there is no federal constitutional right to abortion. This decision has had a significant impact on abortion access across the country, with many states banning or severely restricting abortion. As a result, abortion has become inaccessible for many people, particularly those from marginalised communities.

The Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization has sparked ongoing discussions and debates about the role of the government in abortion decisions and the implications for reproductive rights and freedom in the United States.

The Supreme Court's ruling in Roe v. Wade

In 1973, the U.S. Supreme Court's ruling in Roe v. Wade recognized that the decision to continue or end a pregnancy belongs to the individual, not the government. The ruling held that the specific guarantee of "liberty" in the Fourteenth Amendment of the U.S. Constitution, which protects individual privacy, includes the right to abortion prior to fetal viability.

Roe v. Wade had two key parts. First, the Court ruled that before viability, it is a pregnant person's decision—not the government's—whether to continue a pregnancy. Accordingly, the government cannot ban abortion for any reason before viability. Second, Roe held that, as with other fundamental rights, restrictions on the right to abortion were subject to the most stringent level of constitutional review, known as "strict scrutiny." This legal standard required that infringements on the right be narrowly tailored to serve a compelling government interest.

The Roe decision made state abortion bans unconstitutional and abortion care legal, more accessible, and safer throughout the country. The ruling was consistent with earlier Supreme Court rulings recognizing a right to privacy that protects intimate and personal decisions—including those affecting child-rearing, marriage, procreation, and the use of contraception—from governmental interference.

While Roe's legal implications were significant, it could not ensure access for everyone. Low-income people, people of color, young people, and others continued to face obstacles to abortion care. In addition, despite Roe, many states passed laws that made getting an abortion extremely difficult.

In 2022, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, ruling that there is no federal constitutional right to abortion. The Court held that the Roe decision was wrongly decided because the U.S. Constitution does not specifically mention abortion rights. As a result of the ruling, states were once again permitted to ban abortion, and many did so.

The impact of Roe v. Wade

The Supreme Court's decision in Roe v. Wade in 1973 was a landmark moment in US abortion law and had a profound impact on the reproductive rights and freedoms of women across the country. The ruling established a constitutional right to privacy, including the decision to have an abortion, and set a precedent that would shape abortion access for decades to come. The case centered around Norma McCorvey ('Jane Roe'), who sought to challenge the Texas laws that criminalized abortion, and the decision ultimately struck down these laws, recognizing a woman's right to choose. This pivotal moment in legal history had far-reaching consequences and remains a highly influential and controversial ruling.

One of the key impacts of Roe v. Wade was the establishment of a woman's legal right to abortion. The Court's recognition of a constitutional right to privacy, which includes the decision to continue or terminate a pregnancy, ensured that women had legal protection to make their own reproductive choices. This right was extended to all women in the United States, providing a federal guarantee of abortion access, regardless of individual state laws. The decision also had the practical effect of invalidating many state laws that restricted or prohibited abortion, ensuring that women across the country had increased access to safe and legal abortion services.

Roe v. Wade also had a significant impact on the medical profession and the regulation of abortion services. The ruling prompted the development of medical guidelines and standards for abortion care, ensuring that the procedure was safe and accessible. It also led to the establishment of specialized abortion clinics and the training of healthcare professionals in abortion provision, improving the quality and safety of abortion care nationwide. Additionally, the decision influenced the development of ethical guidelines and professional standards for healthcare providers, ensuring that women's reproductive rights were respected and protected within the medical community.

The Supreme Court's ruling also had a broader impact on society and culture, sparking ongoing debates and discussions about abortion, women's rights, and the role of the state in regulating reproductive choices. The decision brought abortion into the public sphere, encouraging a more open dialogue and challenging social stigma surrounding the issue. It also empowered women to make their own decisions about their bodies and lives, contributing to a broader movement for women's rights and gender equality. Roe v. Wade became a symbol of progress and a rallying point for those advocating for reproductive freedom and social justice.

Lastly, Roe v. Wade continues to shape abortion law and policy today, despite ongoing challenges and efforts to restrict abortion access. The decision remains a pivotal reference point for legal challenges to abortion restrictions and has been cited in numerous subsequent Supreme Court cases. It provides a foundation for arguments centered on privacy, autonomy, and equality, and its principles continue to guide courts and shape public policy debates. While abortion remains a highly contested issue, and laws and access vary across states, Roe v. Wade's legacy endures, and it stands as a landmark ruling with a profound and lasting impact on abortion rights in America.

The law after Roe v. Wade

The Supreme Court's decision in Roe v. Wade was a landmark ruling that, for nearly 50 years, protected the right to abortion in the United States. However, in June 2022, the Supreme Court overturned Roe v. Wade in the case of Dobbs v. Jackson Women's Health Organization, eliminating the federal constitutional right to abortion. This decision has had far-reaching consequences, with more than a dozen states banning abortion outright, forcing people to travel long distances to access abortion care or carry unwanted pregnancies to term.

The fight over abortion rights has now shifted to the state level, with state constitutions and legislatures playing a crucial role in determining the legality of abortion. Some state constitutions have been interpreted by state high courts to guarantee the right to abortion or provide stronger protection than the federal constitution. On the other hand, many states have passed laws making abortion illegal.

The overturning of Roe v. Wade has raised several practical questions, such as the ability of states to ban women from travelling to obtain an abortion, the policing of abortion drugs, and the handling of "trigger laws" designed to come into effect upon the overturning of Roe.

The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization has sparked widespread controversy and protests, with many Americans concerned about the loss of reproductive rights and the impact on women's equality and autonomy. The Court's ruling has also been criticised for its failure to address how it would affect other cases that rely on similar logic, such as the right to contraception.

The fight for abortion rights continues, with reproductive rights organisations working to protect and expand access to abortion and advocates fighting for the freedom to make personal decisions about their bodies and lives.

Supreme Court justices' abortion views

The Supreme Court's decision to overturn Roe v. Wade in 2022 has brought the justices' views on abortion under extreme scrutiny. While the Court's ruling in Roe v. Wade initially recognised a woman's right to abortion, the subsequent ruling in Dobbs v. Jackson Women's Health Organization has shifted the power to restrict abortion access to individual states. Here is a closer look at the views of the Supreme Court justices:

Chief Justice John Roberts: While Roberts has previously voted for abortion restrictions in two major cases, he took a more moderate stance in the Mississippi case, Dobbs v. Jackson Women's Health Organization. In his Dobbs concurrence, Roberts favoured preserving a limited constitutional right to abortion, without specifying its extent. He emphasised the importance of judicial restraint and adhering to precedent, acknowledging the impact of overturning Roe v. Wade as a "jolt to the legal system."

Justice Clarence Thomas: Thomas has repeatedly called for the overturning of Roe v. Wade, including in his dissent in Planned Parenthood v. Casey in 1992. He believes that abortion is not a right protected by the Fourteenth Amendment and that states have the right to determine the consequences of abortion.

Justice Samuel Alito: Alito, who wrote the majority opinion in Dobbs v. Jackson Women's Health Organization, has a long track record of opposing abortion rights. He has voted to uphold every abortion law considered by the Supreme Court since his confirmation in 2006. Alito argues that abortion is not a right deeply rooted in the nation's history and tradition and that the issue should be left to the states to decide.

Justice Neil Gorsuch: Gorsuch, a member of the Dobbs majority, has a shorter record on abortion compared to other justices. During his confirmation hearing, he acknowledged Roe v. Wade as a precedent and added that a settled case contributes to the stability of the law.

Justice Amy Coney Barrett: Barrett has a history of personal opposition to abortion rights. She co-authored a law review article stating that abortion is "always immoral." She joined the majority in allowing Texas's restrictive abortion law to take effect and has voted to reconsider rulings blocking Indiana abortion restrictions.

Justice Brett Kavanaugh: Kavanaugh was appointed to the Supreme Court after siding with the Trump administration in an abortion-related case in 2017. He joined the majority in Dobbs v. Jackson Women's Health Organization but took a less absolutist stance, emphasising the neutrality of the Court and stating that the ruling does not outlaw abortion throughout the US.

Justice Ketanji Brown Jackson: During her confirmation hearings, Jackson repeatedly described Roe v. Wade as "settled law." When asked about the beginning of human life, she replied, "I don't know."

Justice Sonia Sotomayor: Sotomayor has focused her writing on the economic impact of abortion bans, particularly on those who are economically disadvantaged. She dissented from the Court's decision to allow Texas's restrictive abortion law to take effect, expressing concern for those who may be forced to carry unwanted pregnancies due to a lack of resources.

Justice Elena Kagan: Kagan has consistently voted in favour of abortion rights during her tenure as a justice. She emphasised the importance of adhering to precedents and called Texas's new abortion law ""patently unconstitutional." However, as a lawyer in the Clinton administration, she recommended that the president support a late-term abortion ban with exceptions for the health of the woman.

The future of abortion rights

The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization has abandoned nearly 50 years of precedent and marked the first time the Court has taken away a fundamental right. The ruling states that the Constitution does not explicitly guarantee a right to abortion and that this right is not “deeply rooted in the Nation's history and tradition". This has sparked widespread concern and controversy, with many arguing that the decision fails to consider how women have relied on the right to abortion and the impact of taking away that right.

The impact of these bans falls disproportionately on marginalized communities, including people of color, those with low incomes, young people, members of the LGBTQ+ community, people in rural communities, and undocumented people. These communities already face discriminatory obstacles when accessing healthcare, and the abortion bans further limit their access to essential services.

The Supreme Court's decision to overturn Roe v. Wade has also raised concerns about the protection of other constitutional rights, including the right to make decisions about intimate partners, child-rearing, whom to marry, and whether to use contraception. The future of abortion rights in the US remains uncertain, with ongoing legal challenges and state-by-state variations in abortion laws.

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