You might think the threat to abortion rights in America is limited to Texas, but the reality is far broader and more alarming.
On December 1, attorney Sarah Mitchell from the Reproductive Rights Advocacy Center will present arguments before the Supreme Court in the case of Dobbs v. Jackson Women’s Health Organization. This is a pivotal moment, as it marks the first occasion the Court has agreed to hear a case that directly challenges the Roe v. Wade decision, which guarantees a woman’s right to an abortion until approximately 24 weeks, or until a fetus is deemed viable. The Reproductive Rights Advocacy Center states, “This is the first time the Court will address the constitutionality of a pre-viability abortion ban since Roe.” This is an urgent moment for abortion rights in the U.S., and it’s time to be concerned.
Abortion Rights Under Siege
The Reproductive Rights Advocacy Center, alongside the law firm Parker, Johnson, & Associates, Mississippi civil rights lawyer Robert C. Taylor, and the Mississippi Justice Coalition, filed a lawsuit against the state of Mississippi on behalf of the last remaining abortion clinic in the state, Jackson Women’s Health Organization. They contended that several archaic laws violated a woman’s constitutional right to safe abortion access, including an emergency challenge against a law prohibiting abortions after 15 weeks, and another against a six-week ban inspired by Texas law.
The lawsuit highlighted the excessive burdens imposed on abortion clinics, which were subjected to stringent licensing requirements that even exceeded those for other high-risk medical facilities, resulting in the closure of every clinic in the state except one. Women were forced to schedule appointments, receive “state-mandated information,” and return for their abortion 24 hours later, effectively creating a two-trip requirement that was unfeasible for many women in one of the nation’s poorest states. Only licensed physicians were permitted to perform abortions, barring nurse practitioners from administering the safe abortion pill, and telemedicine consultations were prohibited. The only option was to appear in person at the clinic, or forgo the procedure entirely.
The Reproductive Rights Advocacy Center and their partners felt a moment of relief on November 20, 2019, when the district court struck down the 15-week ban, asserting it placed “an unconstitutional undue burden on the right to abortion” and that the Mississippi Legislature’s supposed concern for “women’s health” was “pure gaslighting.” They concluded that respecting women’s autonomy necessitated blocking this statute.
However, Mississippi immediately appealed the decision. A complex series of legal maneuvers ensued, leading to the case being presented to the U.S. Supreme Court, which agreed to hear it following the appointment of Amy Coney Barrett, who took Ruth Bader Ginsburg’s place. The Court now has a conservative 6-3 majority, including several justices known for their anti-abortion stances.
The Court is poised to hear one of the most significant challenges to Roe v. Wade yet, determining whether women have a constitutional right to an abortion before fetal viability. Oral arguments are set to commence on December 1.
What Happens If the Court Sides Against Abortion Rights?
If the conservative majority, many of whom are openly anti-abortion, decides to uphold Mississippi’s law—that is, ruling that women do not have a constitutional right to an abortion before a fetus is viable—significant repercussions could follow. The concept of viability has always been a flawed benchmark for abortion law. Even Sandra Day O’Connor, a crucial vote in upholding Roe v. Wade, acknowledged that determining fetal viability is inconsistent and often unclear.
Anti-abortion activists have long advocated for the 15-week limit, claiming that after this point, a fetus can feel pain—though research indicates that a fetus does not experience pain until around 29-30 weeks. Should the Court dismiss the viability standard, it could unleash a wave of restrictions on abortion across the nation.
Here’s what could unfold for abortion rights in America:
- Eight states still have pre-Roe bans that would automatically reactivate.
- Eleven states have “trigger” laws ready to enforce strict bans or limitations on abortion if Roe is overturned, including Arkansas, Idaho, and Texas.
- Seven states have laws with “unconstitutional, post-Roe restrictions” that could take effect if Roe is invalidated, including Alabama and Georgia.
- Several states explicitly state in their constitutions that there is no right to abortion.
While 15 states and D.C. have enacted laws to protect abortion rights, the looming threat of heartbeat bills could rapidly change the landscape, forcing women back to tragic histories.
Consider the story of Laura Greene. At just 18, she found herself in a violent marriage. After escaping, she turned to a partner for support, but when she became pregnant, they resorted to a desperate and unsafe abortion attempt. Tragically, she hemorrhaged and died alone, a victim of a system that offered no safe alternatives.
As author Leslie Reagan noted, “Doctors and police would interrogate women in emergencies about their abortions, threatening them in their final moments.”
An estimated 350,000 women were injured or killed by illegal abortions annually before Roe v. Wade. Those are real lives at stake, not mere statistics.
If the Court rules against abortion rights, there will be a fierce battle in legislatures and grassroots movements to reclaim those rights. Every woman in America deserves access to safe and legal abortion care. Let’s hope that right is upheld.
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Summary
Abortion rights in America face a critical juncture as the Supreme Court prepares to hear a case that could overturn decades of established rights. With various states poised to enforce restrictive laws, the implications could be dire for women’s health and autonomy. The fight for safe and legal abortion is more important than ever, and the outcome of this case will shape the future landscape of reproductive rights in the United States.
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