The Roe v Wade Supreme Court decision of 1973 was a milestone in the history of reproductive rights and the right to privacy in the United States. This pivotal ruling recognized that the Constitution of the United States conferred a right to choose to have an abortion. Since its inception, this decision has been highly contested and argued over through various legal and social channels. At the beginning of the 2020s, the appointment of conservative justices to the Supreme Court led to renewed efforts to overturn the decision. This essay will examine the arguments for and against overturning one of the most critical court decisions in US history. Also, it’ll theorize on Roe v Wade overturned meaning for women, as well as the consequences for the entire society.
What Does Roe vs Wade Mean: Background & Reactions
Roe v Wade began with Jane Roe, a Texas resident who sought to terminate her pregnancy but couldn’t do that because of state law. She sued Henry Wade, the local district attorney, claiming that were constitutional rights were violated. After a long process, the Supreme Court ultimately ruled 7-2 in favor of Roe. It declared that American women had a “fundamental right to choose whether or not to terminate their pregnancies” according to the 14th Amendment of the Constitution.
The reaction to this ruling was immediate and intense on both sides of the debate. On the one hand, it was perceived as a victory for reproductive freedom and gender equality. On the other hand, it was seen as an affront to human life and established moral principles. However, since 1973, opinion polls have repeatedly shown strong public support for the Roe v Wade decision. Still, many conservative activists consider it one of the most disastrous rulings ever carried out by the Supreme Court.
So, is there a chance whether is Roe v Wade overturned anytime soon? Hardly, but its opponents keep working to annul the decision through legislation or court challenges.
To have Roe v Wade overturned explained in detail and come to a conclusion on the subject matter, one needs to thoroughly consider the main arguments for and against this decision.
Arguments For Having Roe v Wade Overturned
The proponents of maintaining Roe v Wade argue that it is an essential part of protecting women’s health and safety. It allows them to avoid seeking dangerous, illegal abortions if they do not have access to safe medical procedures or live in states where abortion is outlawed. Abortion is by default a high-risk procedure. Removing legal access would only make it more dangerous for women in vulnerable circumstances such as poverty or dangerous living situations.
Furthermore, overturning Roe v Wade would also violate women’s rights to autonomy over their own bodies by forcing them into pregnancy when they are not ready or willing to take on such responsibility due to either personal or financial reasons.
In addition, many supporters argue that overturning Roe v Wade could threaten other important constitutional protections established by the court since then. This, for example, includes the rights relating to contraception and sexual privacy under Griswold v Connecticut (1965). Proponents of Roe v Wade argue that the mentioned decision extends to a woman’s decision to have an abortion. They contend that this right is protected by the Due Process Clause of the Fourteenth Amendment, which prohibits the government from depriving individuals of life, liberty, or property without due process of law.
Without such protections, individuals’ liberties could be put at risk if certain states moved towards more restrictive policies than others. This would also create gender inequality since women would disproportionately have fewer opportunities than men regarding their reproductive healthcare choices without access to services like contraception or safe abortions in certain areas.
Arguments Against Having Roe v Wade Overturned
The opponents of maintaining Roe V Wade believe that it violates an inherent human right to life. They consider allowing abortion a murder since all people (including fetuses) possess fundamental rights that should not be violated even when there are unwanted pregnancies involved. Thus, they advocate for upholding fetal personhood, which would essentially classify any preborn child as a person with full legal rights from conception onward. As a result, it would ultimately render abortion illegal under almost all circumstances except life-threatening ones from the mother’s perspective (which often don’t exist anyway).
Furthermore, the opponents worry about how legalizing abortion can desensitize people from seeing unborn babies as valuable human lives instead of mere objects. This could lead to further disrespect for other vulnerable populations, such as disabled persons or elderly citizens. Consequently, their lives may be seen as less valuable than others due to false perceptions created by normalizing death coming before birth due solely to one’s preference rather than serious medical concerns.
Also, opponents point out how maintaining Roe V Wade encourages abuse within the healthcare system. They claim that doctors and nurses can easily exploit their power over pregnant patients by pushing them towards abortions, sometimes even against their will, rather than providing support and educating patients about potential alternatives such as adoption or foster care services. Moreover, these professionals can also pressure individuals into making decisions regarding pregnancies based on profit motives rather than patient needs.
The next argument against the Roe v Wade decision deals with how much of taxpayers’ money is spent every year to cover subsidized abortions via government programs like Medicaid. Instead, these funds could be put towards providing necessary preventative care measures to reduce the very need for abortions.
Finally, opponents of Roe v Wade argue that the decision is an overreach of judicial power. They contend that the Supreme Court exceeded its authority by creating a new constitutional right to abortion. They believe that this decision should have been left to the states to decide, as it involves a moral issue that is best left to individual citizens and their elected representatives.
What Happens If Roe v Wade Is Overturned
While supporters and opponents brake lances over why can Roe v Wade be overturned or why keep this decision intact, few people consider what can happen if it is actually annulled.
For starters, if the Roe v Wade decision were overturned, it wouldn’t automatically lead to a complete ban on abortion across the United States. Instead, states would get the authority to pass regulations that could significantly limit access to abortion or ban it completely. In states where abortion is currently legal and accessible, women would most likely continue to have access to the procedure. In states where abortion is already restricted or banned, things would probably remain unchanged. Consequently, women residing there would be forced to either travel to other states where abortion is legal or seek illegal procedures that could also be unsafe.
As of 2021, 26 states in the US are deemed “hostile” to abortion rights. This means they have multiple active regulations that restrict access to abortion. If the Roe v Wade ruling is overturned, these states could pass even more restrictive laws. For example, new rules might include mandatory waiting periods, additional medical procedures and counseling, as well as the direct prohibition of abortion after a certain pregnancy period.
What’s even more important, overturning the Roe v Wade decision not only can impact abortion rights but may also affect other privileges, for example, the rights to privacy and bodily autonomy.
Conclusion
The 50-year debate over the Roe v Wade ruling involved numerous legal, moral, and emotional arguments. While opponents of the decision argue that it legalized killing unborn children, supporters stress that it protected women’s reproductive rights and promoted public health.
The Roe v Wade dispute was essential in defending fundamental human rights, upholding equality, and encouraging discussions on multiple health-related topics. That’s why I firmly believe this decision should not be overturned, even though it may never gain universal acceptance in society.
Regardless of whether you agree with the Roe v Wade decision or not, the undeniable fact is that this case has had a huge impact on the US legal landscape. First off, it set a powerful precedent for interpreting constitutional privacy rights. Secondly, it influenced countless other legal decisions inside and outside abortion law circles. Ultimately, the decision to overturn Roe v Wade would have far-reaching implications for women’s autonomy, equality, and health, as well as some of the fundamental constitutional rights of both women and men.
