Roe v Wade potential demise a clarion call for America to reform politically

History

 The Supreme Court's reflect the spirit of a nation based on fairness, approachability, and the way forward for their particular society. Women's rights began a paradigmatic shift beginning with universal suffrage becoming entrenched in the American constitution - 19th Amendment in 1920. In 1965 the Supreme Court  enacted legislation allowing for married couples to use contraception.  In 1974, the Supreme Court makes abortion legal vis a vis Roe v Wade. In 1997, Madeline Albright becomes the first female Secretary of State. Despite Congress in 2017 had 104 female House members and 21 female Senators. As of 2022, females hold three of nine Supreme Court positions: Sonia Sotomayer (2009), Elena Kagan (2010) , and Amy Coney Barrett (2020.) Ketanji Brown Jackson will replace Steven Breyer as confirmed on April 7 2022 and will give the Supreme Court four females of, which is notable since the first female wasn't appointed until 1981 - Sandra Day  O' Connor. Sotomayer is considered the most liberal; Clarence Thomas the most conservative. 

The Situation

Politico just leaked news that the United States Supreme Court was planning to revoke Roe v Wade. The Supreme Court voted to nullify Roe v Wade that guaranteed constitutional protection for women's reproductive rights.  This is a draft version and Justices can amend their opinions before the final draft. Justice Samuel Alito found Roe v Wade "egregiously wrong" and needed to be rescinded. 

Chief Justice John Roberts according to CNN will not vote with conservative justices: Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Barrett. 

Pathology

Jennifer Hendricks (Professor of Law - Univ. of Colorado) explains "Roe v Wade& the Supreme Court"  that if Roe v Wade falls it will be the first domino that will ultimately  impact same sex marriage and a couples right to use contraceptives and other privacy rights. {14th Amendment rights protected}1) Is there a fundamental right to an abortion  in the first place within a protected sphere of individual autonomy - prominent family rights  are parental rights (protected by 14th Amendment) 2) rights to bodily integrity (where forced child-birth is an extreme example of loss of personal rights)- rights of abortion/contraception is at the crosshairs of this spectrum of rights. Roe rejected that the foetus was a person re. 14th Amendment it put the focus on the states interest as the foetus  as it's own entity that continues eg. "fertility treatment, domestic violence against pregnant women and child abuse prosecutions who fall down stairs, attempt suicide, or fall down stairs while being pregnant and so with Roe led to the criminalization of pregnancy, more broadly; restrictions on abortion had to be justified in a different way." Anti  abortion legislation was considered a protection for women. Casey v Planned Parenthood 1) Casey consolidated wedge issue: has to be a special case if a woman's health is at risk - only if an abortion was needed to prevent death or potential for serious impairment of a critical bodily function i.e. law sometimes treats foetus as superior as personhood compared to a pregnant woman > the state can assuage the woman to take risks with her health to mollify the states interest in her pregnancy  2) Casey lowered the standard for limitations on abortions from ":strict scrutiny" to "undue burden."> what are the undue burdens interfering with a woman from getting an abortion. (1)TRAPS: Targeted Regulation of Abortion Provider. State legislature passes rules which make it more expensive and problematic to operate an abortion clinic and get an abortion. Casey led to harassment of abortion clinics. eg. doorway shape and size instead of purpose of the law - nit picky officials drowning in semantics rather than what is substantial leaving the right to an abortion lingering. TRAPS target the provider instead of the woman's right to an abortion. The state defaults to be the woman's protector by using TRAPS as an excuse to delay a women's choice. 

Roe focussed on the courage of the doctor performing the procedure - the doctors rights/ not the woman's right. Roe was worded as a doctors rights opinion, not a women's. 

Affected States Through Supreme Court Ban

If the draft is redacted there is the possibility that Roe v Wade can remain to some extent to ensure women's reproductive rights. If R v W is struck down, each state will address the issue and apply their own interpretation of foetal and women's rights.

If the ban is successful these states will ban the abortion procedure: 

1) Alabama 2)America Samoa 3) Arizona 4)Arkansas 5) Georgia 6) Guam 7) Idaho 8) Kentucky          9) Louisiana 10) Michigan 11) Mississippi 12) Missouri 13) North Carolina 14) North Dakota            15) Northern Mariana Islands 1) Ohio 16) Oklahoma 18) South Carolina 19) South Dakota                  20) Tennessee 21) Texas 22) Utah 23) Wyoming 

Protected States:

1) Alaska 2) California 3) Colorado 4) Connecticut 5) Delaware 6) District of Columbia 7) Hawaii        8) Illinois 9) Iowa 10) Maine 11) Maryland 12) Massachusetts  13) Minnesota 14) Montana 15) News Jersey 16) New York 17) Oregon 18) Rhode Island 19) Vermont 20) Washington

Restricted

1) Florida 2) Indiana 3) Kansas 4) Nebraska 5) Pennsylvania 6) Puerto Rico 7) Virginia 8) West Virginia              9) Wisconsin 

Not Protected

1) New Hampshire 2) New Mexico 3) US Virgin Islands 

Conclusion

  in the aftermath of a ban,  females seeking an abortion will be forced to travel to a state that will allow the procedure if their home state has restrictions or an outright ban. This will further put the  female at risk  traveling between states for this procedure while incurring economic costs and the potential stigma that accompanies having the procedure done.

During Donald Trump's presidency he pushed through three appointments for the Supreme Court.  Trump's lack of support for  Roe v Wade was made clear in 2020 with his  appointment of  Amy Coney Barrett for the Supreme Court who is a stout conservative. Trump said it is "certainly possible" that the Supreme Court will revisit Roe versus Wade in his comments in 2020. Barrett  replaced Ruth Bader Ginsburg who passed away and was a Democrat.

In 1973,  The Supreme Court justices ruled by 7-2 vote  that governments lack the power to prevent abortions.

"The court's judgement was based on the decision that a woman's right to terminate her pregnancy came under the freedom of personal choice in family matters, as protected by the 14th Amendment of the US Constitution."

"The ruling came after a 25-year-old single woman, Norma McCorvey under the pseudonym "Jane Roe", challenged the criminal abortion laws in Texas that forbade abortion as unconstitutional except in cases where the mother's life was in danger."1

Henry Wade was the Texas attorney general who defended the anti-abortion laws.

Politically, the U.S. is mired in partisan politics at all levels. The need for electoral reform to allow for  multiparty elections is necessary to promote democracy in the United States.  If Roe v Wade  is  quashed this will set back the sphere of human rights in the United States and the women's rights movement will be emboldened to fight for this reproductive right  once again. 

1  BBC. 27 Sept.2020. 4 May 2022. <https://www.bbc.com/news/world-us-canada-54317894>.