- Sarah Smith
- BBC North America editor
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The debate over women’s abortion rights has polarized America, and this Supreme Court ruling will hardly quell the rift
The U.S. Supreme Court ruled on Friday (June 24) local time, overturning the nearly half-century-old case of Roe v Wade over the constitutional right of women to have an abortion, ruling that abortion is not a constitutional right for women Rights – The decision could immediately make abortion illegal in 22 U.S. states.
The Supreme Court has just dropped a constitutional bomb on America’s already heated culture wars, rekindling a decades-old feud over abortion.
The court ruled 6-3 that abortion is not a constitutional right, leaving the decision on whether to allow it to the states. Millions of women are expected to lose access to abortion services as a result.
The court ruling will change the law, but instead of quelling the abortion debate, it will add fuel to the fire.
Rejoicing anti-abortion advocates have accomplished what seemed impossible a few years ago. They believe that the lives of thousands of babies will now be saved.
Pro-choice advocates are deeply dismayed, because they believe women’s rights are set back 50 years, back to a time when women could die because of illegal abortions on the black market.
Recent polls show that two-thirds of Americans do not want to see the constitutional right to abortion be repealed.
In this contentious moment, even the supreme Supreme Court itself is the protagonist of the narrative, not just the adjudicator. Ahead of the ruling, a man with a gun was arrested outside the home of one of the more conservative justices, who said he was outraged by the leaked draft ruling. Supreme Court justices must now receive security. This question is so hot.
The decision was based on their interpretation of the Constitution, but it was also deeply political. When courts overturn past rulings, it is inevitably seen by critics as a political rather than a constitutional consideration.
Historic U.S. Supreme Court ruling
On Friday (June 24), US time, the Supreme Court’s ruling represented a historic process in the US abortion law:
- U.S. Supreme Court rules U.S. women don’t have constitutional right to abortion
- Conservative Justice Samuel Alito wrote in his 5-4 main opinion that the 1973 Roe v Wade ruling was wrong
- Roe v. Wade allows an abortion before the fetus has achieved extra-uterine viability (viability outside the mother’s body), that is, before 24 to 28 weeks of pregnancy
- The ruling doesn’t mean abortion is banned in the U.S., but it allows states to outright ban the medical procedure on their own. 26 conservative states have identified or are considering banning abortion
- Abortion clinics are closing across the U.S. as Roe v. Wade is overturned and so-called trigger laws banning pregnancy terminations take effect
- US President Biden expresses disappointment at ruling: ‘This is a sad day for the court and this country’
- Former President Trump, who appointed three of the justices, told Fox News: ‘God made the decision’
- At least 70 locations across the U.S. have plans for weekend protests
Conservatives have a 6-3 majority on the Supreme Court, thanks to three justices appointed by Donald Trump. He specifically made a campaign promise to appoint justices who would overturn Roe v. Wade — appointments that would likely be his most lasting legacy.
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Trump at the 2019 “March for Life” rally
The political fallout from the Supreme Court’s decision will be felt across the nation and will be felt in all 50 states, but the immediate reality shock is that far tougher laws are likely to be in place in half the states.
One of those states, Oklahoma, last month passed some of the most restrictive abortion legislation in the nation — a complete ban from conception, with very few exceptions.
When I met with that state Rep. Wendi Stearman in Tulsa, she told me it was an honor for her to write this bill. She said she would help 4,000 unborn babies each year “have a chance at life”.
When I asked her if she believed the legislation would end abortion in Oklahoma, she said no — but it would make abortion more difficult.
She argues that women can choose contraception before conception, with very few exceptions, and that “most women simply use abortion as a form of contraception.”
That view was sternly refuted by Andrea Gallego, who works at an abortion clinic in Tulsa. Abortion is often the hardest decision any woman makes, she said.
A few weeks ago, her clinic saw 40 pregnant patients a day. When I visited, the waiting room and treatment facility were completely empty. Only a handful of employees remain — answering calls and providing information on clinics in other states.
“A lot of patients have been begging for help,” she said. “It’s devastating. These laws don’t stop abortion, it just adds an extra burden to the patient.”
What was already happening in Oklahoma will now be replicated in other states.
Now that Roe v. Wade has been overturned, 26 states may further restrict access to abortion, including 13 states that have passed so-called trigger laws that would impose bans immediately after a court decision . Less than a third of those states would make exceptions for rape or incestuous pregnancy, based on legislation they have passed or are trying to pass.
Democratic-controlled states, such as California and New York, will designate themselves as abortion havens, welcoming women from places where abortion is not legally permissible. A total of 20 states will retain abortion rights. In these states, 26.5 million women of reproductive age live.
Abortion clinics are closing in states where abortion is illegal; more are expected to open near the border in states that allow abortion. Those who don’t have the money or time to travel out of state may resort to other options — like ordering abortion pills online — even though it’s illegal.
In the United States in 2019, there were approximately 600,000 to 800,000 abortions. About one in six pregnancies ends in an abortion, more than 90 percent of which occur within the first trimester, according to the Center for Disease Control. More than half of the women who had abortions were already mothers themselves, and for most of them, it was their first abortion.
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Pro-life activists rejoice after Supreme Court ruling
The court’s decision couldn’t be more timely, as Americans will vote for congressional representatives later this year.
After the November election blow, Democrats hope the issue of abortion will inspire women of choice to come forward and vote for them. But their attempts to get Congress to legislate to grant abortion as a federal right — legislation that would have prevented states from banning abortion independently — have failed.
Even if Democrats maintain control of the House and Senate, they cannot overturn the court’s ruling this time.
On the other hand, there are plenty of Republicans who want to legislate a federal ban on abortion, making it illegal in all states. If the Republicans can control Congress after the next election, this could be the next fight.
There may be more battles over how the ruling affects specific contraceptive methods or IVF. And some have questioned whether a similar legal argument could be used against same-sex marriage.
America today feels like a country with two very divided ethnic groups. Two tribes live here, each with completely different values, beliefs and goals. Now, they are farther away from each other.