Nila is a freelance journalist and Clinical Psychology Doctoral student…
The nation is on edge as we await the decision of the US Supreme Court on overturning the momentous Roe v. Wade ruling that pregnant women have the right to abortion with excessive government restrictions. The landmark decision gave power to a woman over her own body and the right to choose her own future.
Per Politico, Justice Samuel Alito has written an initial draft majority opinion that has been circulating in the court that finds the Roe v. Wade decision unconstitutional. In a document labeled “Opinion of the Court,” Alito wrote “Roe was egregiously wrong from the start…We hold that Roe and Casey must be overruled.” The news has leaked to the public and created quite the stir while we wait to hear a final decision on whether this will be confirmed.
Justice Clarence Thomas and all three of President Donald Trump’s nominees to the court, which includes Justices Neil M. Gorsuch, Brett M. Kavanaugh, and Amy Coney Barrett, along with Alito voted to overturn the precedent. The leak was an extreme breach of court protocol. Chief Justice John G. Roberts Jr. said in a statement Tuesday that he is opening an investigation into how this document was leaked to the public. President Joe Biden stated it would be a “radical decision” if the Supreme Court followed through with the decision and the landmark case legalizing abortion was overturned. Activists have already hit the streets to march and protest the news.
Huge crowd in Denver for the #LiberateAbortion rally. Not a bad turnout for less than 12 hours notice. People are motivated and engaged. We won't take this laying down. #abortionrights pic.twitter.com/MyPf0wIspI
— Rep Brianna Titone – COHD27 (@BriannaForCO) May 4, 2022
A little historical context for you all…
Roe v. Wade is a 1973 case that resulted in the US Supreme Court decision that the constitution protected a pregnant woman’s right to choose if she wanted an abortion without excessive government restrictions. Doe v. Bolton was another 1973 US Supreme Court case that ruled the Georgia laws regulating abortion were unconstitutional as they violated the right to privacy implicitly stated in the Fourteenth Amendment. Georgia abortion laws required women to obtain approval from personal physicians, two consulting physicians, and from a committee at the admitting hospital. As if that wasn’t tedious enough, only specific cases were permitted to receive abortions such as women who were raped, whose lives may be in danger from the pregnancy, or those whose fetuses were likely to be permanently malformed. The 1992 Planned Parenthood v. Casey decision amended Pennsylvania laws that required informed consent and a 24-hour wait period prior to the procedure. The laws also required a minor to obtain the consent of one parent and a married woman had to indicate she notified her husband about the intent to abort. These changes allowed for expecting mothers to have their choice protected and remain private.
Coincidentally, or perhaps conveniently, The draft was leaked ahead of a Mississippi ruling that bans almost all abortions after 15 weeks of pregnancy, this would bring into question whether all pre-viability prohibitions on elective abortions are unconstitutional. Just a day after the leak, Oklahoma’s Governor Kevin Stitt signed the Oklahoma Heartbeat Act which prohibits abortions after six weeks of pregnancy. The act is modeled after the bill passed in Texas last year which bans abortions after the fetal cardiac activity is detected and it requires enforcement from civilians rather than government officials. Stitt has openly stated that he would sign any anti-abortion laws that come his way.
Abortion isn’t controversial it is biological.
If men got pregnant instead of Women.
Talk about free and on demand there would be a clinic on every corner and you would be in and out in 10 minutes like Jiffy Lube.#AbortionIsEssential #abortionrights
— Greg "I’m Wearing My Mask For A While More” Proops (@GregProops) May 3, 2022
A woman’s right to her body, equality, and privacy, all these fundamental rights will be mere namesakes as the concept of abortions in America becomes a political power game.
Nila is a freelance journalist and Clinical Psychology Doctoral student who was born and raised in New York City. There is very little she loves more than Harry Potter marathons, pizza, 90s Bollywood, bagels, falooda, and her family. She hopes to use her powers for good by spreading mental health awareness and positivity in the South Asian community through her love of writing.