On Monday, May 2, 2022 a draft to overturn the Supreme Court ruling of Roe v. Wade was leaked to the public. With a now majority Republican/ Conservative Supreme Court, laws may start to change. After the 98-page document was released, outrage ensued. Populations are divided with many people who identify as “pro-choice” claiming that abortion is health care and a human right. On the other side are the “pro-life” people, claiming that abortion is morally wrong at any stage in the pregnancy and under any circumstance. To fully understand where the case stands today, we need to understand the history of Roe v. Wade.
In March of 1970 Jane Roe, now identified as Norma McCorvey wanted to terminate her pregnancy via abortion. She challenged the Dallas County district attorney in court arguing that Texas’ abortion statutes go against her First, Fourth, Fifth, Ninth and 14th Amendments. These would be freedom of speech and religion, unreasonable searches and seizures, protection against self-incrimination and “double jeopardy,” equal protection of listed (enumerated) and unlisted rights and that no state shall make or enforce laws that disrupt the privileges of citizens, respectively.
In June of 1970, the Dallas County district found that “the fundamental right of single women and married persons to choose whether to have children is protected by the Ninth Amendment, through the Fourteenth Amendment.” The case traveled to the Supreme Court and in 1973 sided with Jane Roe with a 7-2 vote. The court then lays out a framework in which states can restrict the laws based on trimesters.
In September of 1976, the “Hyde Amendment” passed the house. The Hyde Amendment, named after Republican Representative Harry Hyde of Illinois, bans the use of federal funds for abortions. This is considered the first legal push-back on abortion rights. The bill does not go into law, but is included in a separate Department of Health bill and is then renewed each year.
In June of 1992, the Supreme Court ruled 5-4 in the case of Planned Parenthood v. Casey, which brought into question whether or not women should have to notify their husbands, obtain informed consent, wait 24 hours to get an abortion and, if a minor, also obtain informed parental consent. The case was divided and eventually ruled that women should not have to obtain consent or notify their husbands, but minors should obtain consent from one parent or guardian.
Today, the 98-page draft to strike down Roe v. Wade is up in the air. Supreme Court Justice Alito writes that Roe is “egregiously wrong from the start” and “must be overruled.” The released documents were leaked nonconsensually. Some Supreme Court justices are demanding an investigation into the release.
Many politicians have responded, with a majority of Democrats in opposition to the draft and demanding immediate action to save the ruling and protect women’s right to choose. This includes Democratic Georgia Senator Raphael Warnock, who was a reverend before running for the Senate. Warnock received backlash after a tweet talking about his pro-choice views on abortion despite his strong faith.
Many believe that Christianity strongly condemns abortion, which is grounds for some opposition. Republicans, such as Georgia Representative Marjorie Taylor Greene, support the overturning, claiming that life starts at conception and that abortion was always wrong.
In the SCOTUS opinion piece, it also criticizes Lawrence v. Texas (legalizing being gay) and Obergefell v. Hodges (legalizing gay marriage). Not only are women’s rights at stake, but also the rights of our LGBTQ+ compatriots. It’s up to us to be socially responsible citizens and get involved when we feel that something is wrong. As the progressive nation that we are, many are organizing protests to defend women’s reproductive rights.
SCAD Connector’s Chandler Groce and many other SCAD students were able to attend a protest on Saturday May 7, 2022. Organized by The Atlanta branch of the Party for Socialism & Liberation and Amplify GA Collaborative, hundreds of pro-choice people gathered to voice their disapproval of the possible overturning. To get involved, seek social media outlets for protests and petitions. If you feel inclined, abortion and women’s health offices such as Planned Parenthood are looking for volunteers to help safely escort patients.
