The topic of women’s reproductive rights is a never-ending discussion. Some people support the decision for abortion, and others believe those rights should be restricted. In the past, women in the United States had access to safe abortions, reproductive education, and contraceptives. In 2022, women’s rights were threatened by the Supreme Court’s decision to overturn Roe v. Wade. This not only limits access to safe abortion, but also limits access to reproductive education and healthcare. Despite decades of progress in women’s reproductive rights in the United States, it has regressed in recent years due to political disagreements. There should not be any government control over women’s reproductive rights. It is both a personal and sensitive topic, and women should have the right to make decisions on their own bodies.
The discussion of women’s reproductive rights all began in 1970 when Jane Roe filed a lawsuit against Henry Wade. In the case of Roe V. Wade, she argued that “Texas statutes were unconstitutionally vague and that they abridged her right of personal privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.” In 1973, the Supreme Court ruled in a 7-2 decision that the Constitution protects women’s right to have an abortion without government restriction. They introduced a trimester framework to align the right of privacy with the state’s interests in regulating abortions. During the first trimester, the state cannot restrict abortion, and the decision is left to the woman and her doctor. During the second trimester, the state is allowed to regulate abortion only in terms of protecting the woman’s health and not restricting access. During the third trimester, the state’s interest is in protecting a potential life and can prohibit abortion, except in cases where the mother’s life or health is at risk.
Roe V. Wade paved the way for abortion rights in the U.S. It invalidated laws in many states, which forced them to rewrite their laws to abide by the national legalization of abortion. It increased access to safe abortion and made it a safe medical procedure regulated by health standards. Banning abortion did not stop women from having these procedures; many resorted to unsafe abortions performed by untrained individuals in unsterile conditions. With the new ruling, many clinics provided abortions as well as reproductive health services such as contraception and STD testing. In addition to more resources being available, the case encouraged government programs to expand support to family planning, which helped legitimize advocacy and funding for reproductive health services.
Over the years, women have fought hard for their rights and have succeeded in making abortion and contraceptives available to all. That all came crashing down when the court decided to overturn Roe v. Wade in the 2022 Supreme Court case Dobbs v. Jackson Women’s Health Organization. They argued that the Constitution and the 14th Amendment’s Due Process Clause do not include the right to an abortion. This argument invalidated Roe v. Wade since Roe was viewed as poor legal reasoning and had improperly created a constitutional right that was not supported by the Constitution or a clear legal foundation. The overturning of Roe v. Wade eliminated federal constitutional protection for abortion rights and returned the power to the states.
The Supreme Court decision to overturn Roe v. Wade enraged many people. After many years of fighting for women’s reproductive rights, our progress has regressed, and abortion services are no longer as safe and accessible as they used to be. Women would have to travel to a state that protects abortion rights in order to have a safe procedure. This can often be timely and costly, which is not something everyone can spare. It is disappointing to see the progress for reproductive rights decline. Banning abortion not only increases the maternal mortality rates and the mental health toll, but also affects access to reproductive education.
After the ruling of Dobbs v. Jackson Women’s Health Organization, a new fear emerges. This could be the stepping stone to reversals of other rights, such as same-sex marriage or access to contraception. The decision damages public trust and symbolizes a regression of women’s rights, and has left many women feeling constricted with medical uncertainty, unequal access, and growing political tension. Although states that protect abortion offer protections to out-of-state providers, it doesn’t guarantee equal access. This decision primarily affects low-income women, women of color, and rural populations, in which women will opt to undergo illegal abortion procedures with unsafe treatments in unsterile conditions. It strips women of their fundamental rights and endangers their health and autonomy.
In conclusion, the overturning of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization marks a pivotal moment in women’s reproductive rights. It not only restricts women from safe abortion treatments, but also reverses decades of progress activists have been fighting for in terms of reproductive rights. The decision to return power to regulate abortion to the states has divided the nation, where access now heavily depends on location. This ruling has evoked fear in individuals, fearing that other rights such as same sex marriage or contraception might be revoked in the near future. Although not stated in the Constitution, the right for women to make their own decisions for their bodies should be an unspoken rule. The power to regulate abortion should not reside with the government or state, but rather with the individual. There are no laws regulating whether an individual can or cannot receive health treatment, so why should abortion be any different? We are supposed to be in a time where we are evolving from the past, instead of returning to it.
