On June 24, 2022, women in thirteen states of America lost their right to abortion – potentially forever. The decision of overruling by the Supreme Court traces back to the history of the renowned case, Roe v. Wade. 

Significance of Roe v. Wade

Jane Roe, an unmarried pregnant woman, filed a suit on the Texas laws to challenge the legality of abortions in 1973. Alongside Roe, a Texas doctor joined the lawsuit. He had been previously arrested for violating the statute and argued that the laws were too ambiguous. At the time, the attempt or act of abortion was illegal in the state unless to save the mother’s life. 

Henry Menasco Wade was the American lawyer representing the district attorney of Dallas County, prosecuting Jane Roe in the case. The debate appeared in headlines across the nation and sparked controversy amongst the crowd; here were their main arguments:

Texas Abortion Restriction

Wade put forth three main arguments:

• The state had an interest in safeguarding and maintaining the health of prenatal life – the obligation to protect human life before birth.
• A fetus is a “person” under protection by the 14th Amendment.
• Protecting the fetus before conception is at the state’s hand.

Roe Claims Privacy Rights

Roe and the defense attorney argued that:

• The Texas abortion law invaded the 14th Amendment of an individual’s “right to liberty.”
• The Texas abortion law infringed marital, familial, and sexual privacy as protected by the Bill of Rights.
• The right to abortion is absolute – any individual is subject to the right to end a pregnancy for any reason and whenever they choose

Supreme Court’s Decision

The Court recognized that abortion falls under the category of privacy rights, as stated in the Due Process Clause of the 14th Amendment. The justices acknowledged that forcing a woman to terminate their pregnancy means disregarding a woman’s:

• Physical health
• Mental health
• Financial abilities
• Social stigma

The judges questioned Wade’s argument that the state has an interest in protecting prenatal life before conception. The Constitution never defined a “person” precisely, but it did mention that they are responsible for only the “born or naturalized.” It concluded that the unborn is not considered a person in that sense. 

However, the Court disagreed with the absolute right to an abortion, considering that abortion should not be considered a form of contraception. It regulated the law and prohibited abortions in a woman’s third trimester of pregnancy unless necessary to save the life or health of the pregnant person.

The Overruling of Abortion Rights

Nonetheless, On June 24, 2022, the Supreme Court decided to reexamine and overturn the constitutional right to abortion after almost 50 years. “Roe was egregiously wrong from the start,” Justice Samuel A. Alito Jr. wrote for the majority in the 6-to-3 decision. The bans in eight states took effect as more followed. The decision held that states are free to end the practice of abortion rights to their free will. The decision reinforced the everlasting battle between those who view terminating a pregnancy as a right and those who view it as taking a life.