The Domestic and Global Significance of the Overturning of Roe v Wade

The Domestic and Global Significance of the Overturning of Roe V. Wade

By Jemmy Boontaveekit

What is the Roe V. Wade decision?

Often known by its role as the landmark decision which became the centrepiece of abortion rights in the United States, the Roe V. Wade case originated from Jane Roe, an unmarried pregnant women, filing a suit in representative of herself and others who wish to challenge the Texas abortion laws.

A conflict of interest rose between the Supreme Court and Norma McCorvey, or more often known by the pseudonym, Jane Roe. The Supreme Court disagreed with Roe’s assertion that there should be an absolute right to terminate pregnancy in all circumstances. Hence, the Supreme Court decided to achieve a balance with women's health and the protection of a potential life of the fetus.

It was concluded in the majority opinion written by Justice Harry A. Blackmun, that the set of Texas statues, which often criminalised abortion, were considered a violation to a womans constitutional right of privacy. This was a right explicitly stated in the liberty guarantee of the Fourteenth Amendment acts. The decision ruled that due to the process clause of the Fourteenth Amendment in the Constitution, the United States grants the fundamental “right to privacy” which protects a pregnant woman’s right to abortion.

How was the Roe V. Wade case overturned?

Ever since the decision in 1973, the Roe V. Wade case was at the forefront of American politics. Supporters of the decision praised it as being a statement for women's independence and equality, whilst critics saw it as an overreach of the Supreme Court. Despite it’s controversies, it remained the “law of land” in regards to abortion for over 50 years. Therefore, when the news revealed the overturning of Roe V. Wade on June 24 2022, many were struck by surprise.

The Supreme Court overturned the Roe V. Wade decision by a 6-3 vote. In the Dobbs V. Jackson Women’s Health Organisation, the Supreme Court made the decision to reverse the Roe V. Wade case, which had actively acted as insurance of women and pregnant people to have a constitutional right to abortion. This decision had single handedly overruled both Roe V. Wade case and the planned parenthood V. Casey case, which had worked to give individual states the complete power to regulate any aspect of abortion which is not forbidden by the federal law.

The opinion, written by Justice Samuel Alito, stated that there was no mention of abortion in the Constitution and no guarantee to abortion rights through another right, the right to liberty, as previously claimed in the Roe V. Wade decision. This undermines and rejects the Roe and Casey argument which argues that the constitutional right to liberty includes an individual right to privacy. Hence, the choice of a woman to have an abortion is to be protected in the same manner that it protects other decisions which concern intimate sexual conduct. However, in the opinion written by Justice Samuel Alito, it is stated that that the protection of womans right to abortion and protection of other decisions which concern intimate sexual conduct is “fundamentally different” as it destroys the life of the fetus.

With the overturning of the Roe V. Wade, the United States of America revoked the constitutional right to seek abortion care, which means that the individual states are granted power to decide the legal circumstances of abortion. The overturning of this landmark decision marks the first time in history in which the Supreme Courthas taken away a fundamental right, affecting millions of lives.

The Consequences of Overturning the Roe V. Wade Case

Immediate consequences

The decision to overturn the Roe V. Wade decision has already been actioned by many states. 26 States have multiple bans ready to be put into effect, out of which 13 states were categorised as having trigger laws which took effect immediately upon the overturning. The trigger bans that took place in Texas, Tennessee, Mississippi, Idaho, North Dakota and Wyoming will take effect immediately. Within the United States, 13 states either introduced or passed legistlation that allowed private citizens to sue people who assist or aid abortion for financial remuniration. Consequently,18 states have placed laws which open the pathway for the prosecution of pregnant women and providers who attempt abortions. Upon the annoucement, Georgia’s ‘heartbreak abortion ban’ has now taken effect. This law overturns injunctions against fetal heartbeat bills. Hence, Georgia effectively joins Tennessee, Ohio and South Carolina in eliminating abortions after 6 weeks of pregnancy, a time period which most women do not even realize they are pregnant. As a result,the trigger law will significantly restrict the access to abortions, and millions of women will be robbed of the autonomy of making decisions over their own body.

Long term consequences

The overturning of the Roe V. Wade decision shows its significance through its effects on the reproductive rights and health of women. It can be argued that the overturning of such a landmark decision is an unprecedented attack on women, girls and individuals of reproductive capacity. Abortion is to happen, whether it is permitted or not. Researcheddata reveal that approximately 90% of abortions in countries that allow abortion on request are deemed safe, whereas abortions that fall into the ‘less safe’ and ‘least safe’ cateogry are prominent in the places where abortion is restricted. The restrictions of abortion imposed will not contribute to putting an end to it. According to a behaviour scientist at the WHO, the compilation of 3415 data points suggest that high income countries where abortion is edged towards being legal, has the lowest rates of abortion globally.

Thus, the overturning of Roe V. Wade is not expected to decrease the abortion rates, but rather make it less safe, and cause women to travel to further lengths to access it. The average distance travelled for those seeking the service of an abortion clinic in the continential United States doubled to roughly 80 kilometeres in the two weeks that followed the overturning of Roe V Wade. It is predicted that if the states were considered at high risk for banning abortions end up doing so, the travel distance will increase to around 217 kilmoeteres. If this scenario becomes a reality, it is estimated that 24 million, ages between 15-44, will be subjected to an increase in travel distance of 160 kilometres.

With the new restrictions on abortion, it is expected that the maternal deaths in the United States are to increase. Safe abortions are proven to pose less risk to a person’s health than carrying a baby,It was estimated that if there had been no abortions in 2020, an additionally 64 pregnant women would have died from birth related complications.

Surveys indicate that a vast number of women in the U.S request abortions for the reasoning of their lack of financial means to support the child. In denying them this right, negative financial effects will be inflicted on countless women. The Turnaway Study of 2020 found that women who were denied abortion rights were more prone to experiencing financial distress. An analysis performed in the Turnaway data suggested that over ½ women in the study were living below the federal poverty line when they requested an abortion. The denial to that request (now susceptible to occur) will lead to the increase in odds of which their household income would fall below the federal poverty lines. It has been found that women who are denied abortions have 78% more debt which was 30 days overdue and 81% more negative public records, which includes bankruptcies and evictions when compared to those who recieved abortions.

Global consequences

Due to the fame and significance of the initial ruling of Roe V. Wade, the effects of its overturning is not merely limited within the border of the United States. Despite the complications which came with the U.S. foreign policy in regards to abortion, for the previous 50 years they upheld the domestic standard that abortion was a constitutional right. Hence, movements all over the world who aimed to expand reproductive health and rights often used this standard as a reference for their own country.

With the overturning of the Roe V. Wade, it is possible that efforts to restrict abortion access globally may be strengthened as this case was deemed very prominent in court decisions, regarding reproductive health and rights globally. An example can be identified in Kenya. In the high court of Malindi, the affirmation of abortion being a fundamental right under the Kenyan constitution, specifically emphasises references and points from the Roe V Wade case. Therefore, the elimination of the constitutional right to abortion in the United States is damaging globally, as it leaves the possibility of strengthening the efforts to restrict abortion access in many countries. With the United States being a top global power, the nation creates the risk of the overturning of Roe V. Wade having an effect on legislation globally. This possibility was shown through the incident in Bangladesh. A local organisation that worked with PAI had reported that within 24 hours the draft of Dobbs V. Jackson's Women Health Organization was leaked.