Abortion; one of the most debated and controversial topics in American politics. For centuries, elected officials across the country have had the same argument; to legalize abortion, or to criminalize it. Many people on all sides of the political spectrum have stern, unswayable beliefs when it comes to this debate. Some Americans, those who tend to have liberal ideologies and vote for Democrats, believe that a woman should have autonomy over her own body, and should be able to decide to get an abortion if necessary. On the other hand, those with more conservative ideologies who tend to vote for Republicans, believe that abortion can be equated to murder, since the medical proceedure ends a pregnancy.
Firstly, the latter argument can be dismissed. In medical terms, an abortion, “uses medicine or surgery to remove the embryo or fetus and placenta from the uterus” (MedLinePlus). Abortions don’t kill babies, they simply remove a hardly developed clump of cells from a woman’s body. Therefore, women ought to have the right to decide what happens to their own bodies. This was the exact argument that the plaintiff, who went by the pseudonym ‘Jane Roe’ fought for during the landmark Supreme Court case Roe v. Wade in 1973. This case, which was ruled upon nearly 50 years ago, is still deciding legal precedent to this day. In Roe v. Wade, the justices held that “unduly restrictive state regulation of abortion is unconstitutional,” and “a set of Texas statutes criminalizing abortion in most instances violated a woman’s constitutional right of privacy” (Britannica). This monumental decision greatly helped in progressing the third wave of the feminism movement, pushing feminists to continue to advocate for reproductive rights.
However, this fifty-year-old decision has become in danger of being overturned due to the negative persistence of state legislatures in Texas and Mississippi. Like any controversial political subject, there are bound to be complaints and cynics who criticize the majority decision. However, when it comes to a woman’s autonomy over her own body, it is in no way the right of predominantly male legislatures to be making decisions that will completely strip women of their personal rights. Unfortunately, the shared opinion of many pro-choicers is not enough to halt the implementation of these sexist and misogynistic laws.
As we near the half-century anniversary of SCOTUS’ holding in Roe v. Wade, the Supreme Court has also immersed themselves back into the debate over abortion as the constitutionality of a new case, concerning a Mississippi state law, has been brought up. This law “seeks to ban most abortions after 15 weeks of pregnancy — about two months earlier than Roe and subsequent decisions allow” (NYT). Making the decision to get an abortion is an arduous one, and not having enough time to make that life-changing decision is completely unfair to women who are seeking to terminate their pregnancy in a safe way. According to Nancy Northup, the president of the Center for Reproductive Rights, this law “unquestionably violates nearly 50 years of Supreme Court precedent and is a test case to overturn Roe v. Wade” (NYT). Many pro-choicers would agree with this, and worry continues to spread as the majority of the sitting justices on the Supreme Court come from conservative backgrounds.
Not only is this Mississippi state law threatening the validity of pro-choice laws, but a recent Texas state law is also causing concern, as it has become onee of the U.S.’ most restrictive abortion measures. The measure that Texas Governor Greg Abbott signed into law bans abortion after six weeks of pregnancy. While this law doesn’t seem like an outright ban on abortion, it essentially is, as many women aren’t even aware of their pregnancy after 6 weeks. Having a menstrual cycle that is a couple weeks late is typical for many women, so only allowing them to make this life-altering decision when they may not even know they’re pregnant is extremely unreasonable and discriminatory. As if the short time frame for abortions isn’t enough to compel pro-choicers to advocate against this law, the policy also allows “any private citizen to sue doctors or abortion clinic employees who would perform or help arrange for the procedure” (NYT). Deciding to get an abortion is not a casual and trivial matter. This law threatens the integrity of healthcare professionals, as well as any woman seeking this procedure. If the only safe measures to terminate a pregnancy are made illegal, women in need of this procedure may resort to dangerous measures, which are unethical and unsafe.
While it’s known that federal laws and Supreme Court rulings have superiority over state laws and policies, the increasing support from pro-lifers and conservatives on Capitol Hill is a daunting challenge for those who push for women’s rights. If Roe v. Wade is overturned, the women of this country and around the world are in danger of losing autonomy over their own bodies. This federal case should be providing a precedent for state laws to be in compliance of the holding, not act as a breeding ground for dismantlers of equality.
Sources: