You may think that the battle over abortion is confined to Texas, but the reality is far broader and more alarming.
On December 1st, attorney Lisa Harper, representing the Center for Reproductive Rights, will present arguments before the Supreme Court regarding the case of Dobbs v. Jackson Women’s Health Organization. This pivotal case marks the first time the Court is set to consider a law that challenges the fundamental ruling of Roe v. Wade, which asserts that women possess the right to an abortion before a fetus reaches viability—around 24 weeks. According to the Center for Reproductive Rights, “This is the first instance where the Court will evaluate the constitutionality of a pre-viability abortion ban since Roe.” The outcome of this case could reshape the future of abortion in America, and the implications are concerning.
The Assault on Abortion Access
The Center for Reproductive Rights, in collaboration with the law firm Harper, Smith & Co., Mississippi civil rights attorney Robert B. McKenzie, and the Mississippi Center for Justice, filed a lawsuit against the state of Mississippi on behalf of the Jackson Women’s Health Organization, the last remaining abortion clinic in the state. They contended that several draconian laws infringe upon a woman’s constitutional right to obtain safe abortion care. This includes an emergency challenge against the state’s ban on abortions after 15 weeks, as well as a challenge against a six-week abortion ban inspired by Texas legislation.
The lawsuit highlighted the numerous obstacles facing abortion clinics: they were subject to an excessively stringent licensing process that surpassed even the regulations for other high-risk medical facilities, leading to the closure of all but one abortion clinic. Women were compelled to make appointments, receive “state-mandated information,” and return for their procedure 24 hours later, creating not only a waiting period but also a two-trip requirement that was unfeasible for many women in one of the nation’s poorest states. Only licensed physicians could perform abortions—meaning that nurse practitioners were barred from prescribing the safe abortion pill—and telemedicine consultations were prohibited. The reality was stark: show up at the clinic or forfeit your access to abortion.
Fortunately, on November 20, 2019, a district court ruled against the 15-week ban, stating that it imposed an “unconstitutional undue burden on the right to abortion,” noting that the Mississippi Legislature’s claims regarding “women’s health” were misleading, and emphasizing that “respecting [women’s] autonomy demands that this statute be enjoined.”
However, the state of Mississippi quickly appealed the decision. After a series of legal maneuvers that many find perplexing, the case was escalated to the United States Supreme Court. Now, with a conservative majority that includes Justices who have expressed anti-abortion sentiments, the Court is poised to hear one of the most significant challenges to Roe v. Wade in history. This case will determine whether the constitutional right to a pre-viability abortion will remain intact.
What If the Court Sides with the Anti-Abortion Movement?
If the conservative majority, many of whom have clearly opposed abortion rights, decides to uphold Mississippi’s law, the ramifications would be catastrophic. The legal definition of viability has long been contentious. Even Justice Sandra Day O’Connor, a key vote in favor of Roe v. Wade, acknowledged that the concept of viability is ambiguous and fluid, influenced by scientific advancements.
If the Court dismisses the viability standard entirely, the consequences for abortion access across the country could be dire.
Several states still maintain pre-Roe bans on abortion that would immediately come into effect. States like Arkansas have bans with no exceptions for the life of the mother, while others, including Alabama and Wisconsin, have similar restrictions. Furthermore, eleven states possess “trigger” laws that would enforce strict bans if Roe were to be overturned, including Mississippi, Texas, and Louisiana.
Seven states have laws that could lead to severe restrictions on abortion, and many of them are merely awaiting a favorable ruling from the Supreme Court to take effect. The landscape of reproductive rights would be irrevocably altered, and we could find ourselves returning to the dark days of unsafe, illegal abortions.
Consider the story of Angela Morris, a woman from the pre-Roe era who faced insurmountable obstacles when seeking an abortion. After fleeing an abusive relationship, she found herself pregnant and forced to resort to dangerous, illegal methods for termination. Tragically, she hemorrhaged and died alone, a fate all too common before the legalization of abortion.
It is estimated that 350,000 women suffered severe injuries or death from illegal abortions annually before Roe was established.
The stakes are incredibly high. If the Court sides with anti-abortion activists, we will not sit idly by. We will mobilize, fight back in our state legislatures, and advocate for our rights at the grassroots level. Every woman in America deserves access to safe and legal abortion care. Let’s hope that this right is upheld.
For further insights on reproductive health and family planning, check out this related blog post and learn from Make a Mom regarding at-home insemination methods. Explore more about pregnancy and IVF at Genetics and IVF Institute.
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In summary, the upcoming Supreme Court case regarding abortion rights poses a significant threat to reproductive freedoms across the United States. The potential overturning of Roe v. Wade could lead to a resurgence of pre-Roe laws, severely restricting access to safe abortions and endangering women’s health and lives.
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