The Future After Roe v Wade

 by Faye Rustell

The justices who voted to overturn abortion rights

After the Supreme Court ruled on the 27th June to erase the constitutional right to abortion, the five-decade old Roe v Wade case has been overruled, at least 21 states could ban all or nearly all abortions. The divide in America has now been deepened and the battle for abortion goes on, facing more extreme levels than ever seen before. 

In just the space of a few hours, the Supreme Court declared that the constitution contained no fundamental right to abortion and states could start to regulate abortion as they saw fit. Thirteen states already had trigger laws in place designed to ban abortion as soon as this was implemented and by nightfall, Kentuckians and Arkansans had no right to an abortion at any stage of pregnancy—with no exceptions for incest or rape. The states that are most likely to obtain a near-total ban on abortion include those such as Texas, Oklahoma, Arkansas, Nebraska, Wyoming, Utah as well as at least 20 others. One must not forget that whilst it is deemed suitable in these central states that abortion should be banned, there are still hundreds if not thousands of women and girs that require an abortion, yet do not have access to it and therefore a problem is posed as to how to deal with this. Whilst in that state specifically it may be illegal to get an abortion, crossing state lines appears to certainly be an option for some women as the lengths they feel they have to go to in order to make the decision that’s right for them. Brett Kavanaugh claimed in his concurring decision that women who travel to neighbouring states to get an abortion woud be protected by the constitutional right to interstate travel, however another problem arises alongside this as to the people helping the women to cross the lines. There is potential for anyone assisting the women in getting an abortion, the person who drives them, the doctor etc, to face prosecution and Texas and Oklahoma have recently passed abortion bans that allow private citizens to sue people who peform abortions or otherwise help someone get one. It seems as though for the women in these strong-minded states, they have been landed in a relentless, uncontrollable spiral with more and more limitations on their rights to a choice over their body and consequently they are being pushed further and further into the control of justices and a small, powerful elite. 

In the wake of the court's decision, there has been a rise of awareness in abortion pills and medication used as an alternative to the formal process. Just hours after the court announced the ban, nearly 100 requests for appointments were sent to ‘Just The Pill’, a charity organisation that arranges for patients to obtain abortion pills in several states. The pills are increasingly being sought after following the court ruling and they will likely be at the centre of legal battles expected to unfold as more states ban abortion. The method is authorised by the Food and Drug Administration for use in the first 10 weeks of pregnancy and they can be received by mail and taken at home after consultation with a doctor by video or by filling out a form online. Yet the patient must participate in the consultation from a state that allows abortion, even if it’s in a car that is just over the border. A lot remains unknown about how states will try to enforce laws in cases of medication abortion but two cabinet members of Biden’s administration vowed to protect the right to take medicines that had been approved by the federal government. Perhaps there is a glimmer of hope for women beneath the levels of control that have been placed on them over the last few days. 

The vote was 5-4 in favour of overturning Roe and in a joint opinion Justices Stephen Bryer, Sonia Sotomayor and Elena Kagan criticised the majority, closing ‘With sorrow… for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection… we dissent.’ There is certainly evidence that members of the Court are pro-choice, supporting women’s freedoms but Biden himself commented that it was ‘3 justices named by one president, Donald Trump, who were the core of today’s decision.’ During Trump’s presidency he was able to appoint Neil Gorsuch, Brett Kavanaugh and Amy Coney Barret, all 3 of which voted to overturn the Roe v Wade case. Perhaps one could argue and agree with Biden when he claimed ‘this decision is a culmination of a deliberate effort over decades to upset the balance of our law.’ Trump willingly appointed the justices to the court as a deliberate attempt to exercise their stance and viewpoint after he stepped down from office and ultimately lead the majority in cases like this that would change American history forever. 

It is undeniable that this case has been a landmark in US politics. Not only has it brought to light some of the fundamental issues of the political system, federal law v state law, but it also highlights that even in 2022 women are still having to fight for their choice over their body, from the control of a small elite that have exploited their power. Much remains uncertain for women across states in America now, for women in the 21 states that have now banned abortion they must decide whether they cross state lines, receive medication or even at extreme lengths consider illegal abortions. It is remarkable that we now live in a society that appears to have moved backwards rather than forward following Roe v Wade.