Future of Abortion Uncertain with a new Supreme Court Challenge
Ashka Shah
Many people are aware of the landmark Roe v. Wade Supreme Court case that declared it unconstitutional to ban abortions. However, lesser known is the 1992 Planned Parenthood v. Casey case. This case affirmed the basic ruling of Roe v. Wade but modified it so that states may regulate abortions as long as it does not cause an "undue burden" on a woman's right to end a pregnancy. Now, with at least 23 abortion-related cases pending in federal appeals courts, many are trying to test the limits of the states’ right to regulate abortions and the meaning of “undue burden”.
One such case, Dobbs v. Jackson Women’s Health Organization, has already reached the Supreme Court. This new case, which will be heard by the Supreme Court in October 2021 and decided in summer 2022, challenges a law enacted by the Mississippi legislature. This law bans abortions if the fetus is more than 15 weeks, with exceptions for medical emergencies or a severe fetal abnormality. While last summer a 5-4 conservative majority struck down a similar Louisiana law restricting abortions, with the now 6-3 conservative majority on the court, the dynamic has changed, leaving many people unsure what the outcome of the case will be.
If the ban is upheld, women in Mississippi will not have access to safe abortions after 15 weeks. This case would also set a precedent, spurring many conservative states to follow and implement similar bans. Instead of decreasing the amount of abortions, the more widespread bans would lead to unsafe means of terminating pregnancies. In fact, in Latin America and the Caribbean 97% of women live in countries where abortion is restricted or banned, and the rate of abortions is approximately 26% higher than the worldwide average. In the US, where abortion is currently relatively accessible in most places during the first trimester, in 2012 the rate of abortion was 63% lower than the worldwide average. While access to contraceptives is also a factor, no link has been proven between decreasing access to safe abortions and decreasing the rate of abortions overall.
Also, if the ban is upheld those of a high socioeconomic standing will likely still be able to get abortions, as they have the means to travel across state lines and take time off work. This means that bans such as this one will more severely affect minority health and create greater health care disparities. On the other hand, if this ban is blocked, it remains likely that more and more abortion challenges will be brought to the Supreme Court, especially with the new 6-3 conservative majority.
Ever since Ruth Bader Ginsburg was replaced by Amy Coney Barrett on the Supreme Court, many have been waiting for the next time Roe v. Wade and Planned Parenthood v. Casey would be challenged in the Supreme Court. With this case, it seems that that moment has finally arrived, and it will not stop arriving for the foreseeable future.
References:
https://www.nytimes.com/live/2021/05/17/us/joe-biden-news#supreme-court-abortion
https://www.thirteen.org/wnet/supremecourt/rights/landmark_casey.html
https://apnews.com/article/supreme-court-abortion-15-week-ban-5d066a9dc0030a4f8297711f341c9f5a
https://www.businessinsider.com/anti-abortion-womens-health-effects-2016-7