The Fate of Roe v Wade Come June 2022
This past week Politico leaked an initial draft majority opinion written by conservative Justice Samuel Alito regarding the case Dobbs V Jackson’s Women’s Health Organization. For those who may not know, the case in question Dobbs V Jackson is the case currently under review by the Supreme Court that has opened the doorway for overturning Roe v Wade.
The case Dobbs v Jackson addresses the matter of fetal viability (which maintains 25 weeks as the cutoff for abortion) and specifically the constitutional right to receiving an abortion after 15 weeks. Additionally, Dobbs and the state of Mississippi’s argument asserts that not only receiving an abortion after 15 weeks is unconstitutional but that Roe v Wade in its entirety is unconstitutional.
The argument that Mississippi and other anti-abortion states are making to justify the subsequent bans on abortion is that there is no mention of the right to abortion in the constitution.
Which is an argument that if was upheld could jeopardize a variety of laws established by the Supreme Court (ex: same sex marriage, interracial marriage, segregation).
Based on this one could argue the constitution does not say anything about countless actions that we all still do and do not let the government control even though they are not mentioned in the constitution.
Moreover, the precedent of Roe v Wade itself is based on a women's right to exert her liberty and her right over her bodily autonomy. Also bear in mind there has never been and still are no government laws regulating a man's right to his bodily autonomy.
Now prior to the confirmation of Justices Brett Kavanaugh and Amy Coney Barrett they underwent hearings in which they both pledged under oath they would not rule in favor of any legislation that would jeopardize Roe v Wade.
Guess we do not care about perjury in America anymore?
This was specifically a concern for many when it came to Justice Amy Coney Barrett who has voiced her support against abortion, which her past court records only further exemplify.
Even though Amy Coney Barrett herself does not support abortion, her role as a justice on the Supreme Court forbids her and anyone else from furthering any political, social, or personal agenda. Moreover, her job is to determine the legality of a precedent given how it is outlined within the constitution.
Now that is the expectation, however, based on the majority's initial draft opinion we do not know how good of a job she and the other four conservative pro-choice justices are doing in upholding that...
The initial draft majority opinion reflected that the five conservative justices Amy Coney Barrett, Brett Kavanaugh, Clarence Thomas, Neil Gorsuch, and Samuel Alito himself will all plan to vote in favor of overturning Roe v Wade.
Five conservative justices, all in favor of overturning a 50-year-old precedent and undermining stare decisis (which binds previously determined precedent into law) yet we all are supposed to believe this is not motivated by a political agenda and personal biases?
Shockingly enough, in 1973 abortion was less controversial than it has become today. The right to abortion was seen as a women's health issue not a topic for debate. Yet somehow in 2022, we have not only gone back on our progress we have started to set it on fire.
As of now Roe v Wade still stands as the legal precedent in America. However, the fact of the matter is this very likely reflects the way the conservative justices will vote come June leaving the fate of Roe v Wade up to each of the 50 states.
There is a lot at stake for women's rights and abortion rights; far more than one can fit in an article. So, if you want to learn more, stay up to date, or see how abortion access will look across state lines in a post-Roe world, The Daily, a podcast published by the New York Times, helps to break down what we can expect to see in the coming month. The Daily is especially great for people who want to stay informed but do not have a lot of time to.
Photo from Unsplash.