Overturning Roe v Wade
By Kimberley Chitifa
In the case of Dobbs v Jackson Women's Health Organisation, deference to the medical profession was fused with conservatism, with five out of nine Supreme Court Justices voting to overturn Roe v Wade.[1] The majority of Justices voted to ban abortion after 15 weeks of pregnancy, which goes directly against Roe v Wade, with the effect being that 'young women will come of age with fewer rights than their mothers and grandmothers had.'[2]
Roe v Wade
In 1973, Norma McCorvey brought the case under the pseudonym ‘Jane Roe’. She wanted an abortion but lived in Texas, where it was illegal unless necessary to save the mother's life. Her attorneys filed a lawsuit claiming that the abortion laws were unconstitutional; the Supreme Court ultimately held that women had a fundamental right to choose whether to have an abortion.
Dobbs v Jackson Women's Health Organisation
The 2022 case challenged Mississippi's ban on abortion, brought by the Center for Reproductive Rights on behalf of Jackson Women's Health Organisation. Dobbs upholds Mississippi's ban on abortion and has also allowed other states across the United States to ban abortion, despite arguments that the ban in Mississippi was unconstitutional despite the decision in Roe v Wade. One of the effects of the Dobbs ruling is that abortion clinics in approximately half of the states closed, as some states had 'trigger laws' that took effect immediately after the reversal of Roe v Wade.
Who will the decision impact?
While the decision made to overturn Roe v Wade will have far-reaching impacts on many types of women in America, it is mainly those of a lower social class who will be impacted the most. The decision itself will not change the reality that many women will still try to end their pregnancies by travelling to a state that permits abortions, which is not convenient for those who cannot afford to travel. For those who cannot have an abortion safely, the other option will be to carry the pregnancy to full term, which will inevitably increase the maternal mortality rate, particularly among Black women who already face a high death rate in childbearing in the United States.[3] From a feminist perspective, it is evident that the Supreme Court's decision prioritises the paternalism of the medical profession while denying women autonomy over their bodies. Furthermore, from an intersectional feminist perspective, the overturning of Roe v Wade greatly impacts women who are discriminated against based on race and class, especially as these types of women do not receive adequate medical care generally.[4]
What impact does the overturning of Roe v Wade have internationally, if any?
The Supreme Court’s decision has been criticised around the globe for its regressive stance on abortion, yet it is hard to argue that something similar could never happen in England. In the case of Re T, which was not about abortion, but undue influence and refusing consent to treatment, Lord Donaldson stated that an adult patient is presumed to have the capacity to choose their treatment, but this can be repudiated if the choice leads to the death of a viable foetus.[5] This case shows the extent to which the Courts can control women's bodies via medical treatment. While the position on abortion in England, Wales and Scotland is less restrictive, it could still be modernised to ensure that young women have the right to abortion. The 1967 Abortion Act was ground-breaking at the time of its enactment; it did not completely decriminalise abortions, as any abortion that takes place outside of the 1967 Act can be prosecuted.[6] Yes, the stance in the United States is draconian; however, we must also re-evaluate our stance on abortion by finding a balance between adherence to the medical profession and allowing women to have autonomy over their bodies.
[1] Dobbs v Jackson Women’s Health Organisation No. 19-1392, 597 U.S. (2022)
Roe v Wade 410 U.S. 113 (1973)
[2] Stephen Breyer, Sonia Sotomayor and Elena Kagan, ‘Fewer rights than their grandmothers’ (The Guardian, 24 June 2022) https://www.theguardian.com/commentisfree/2022/jun/24/supreme-court-roe-v-wade-breyer-sotomayor-kegan accessed 30 October 2022
[3] (PRB, 6 December, 2021) https://www.prb.org/resources/black-women-over-three-times-more-likely-to-die-in-pregnancy-postpartum-than-white-women-new-research-finds/ accessed 30 October 2022
[4] Cynthia Via, ‘Intersectional Activism in a Post-Roe World’ (Yes Magazine, 13 October 2022) https://www.yesmagazine.org/social-justice/2022/10/13/access-abortion-activism accessed 30 October 2022
[5] [1992] EWCA Civ 18
[6] Charlotte Proudman, ‘Think abortion is legal in Great Britain? Ask the two women currently facing life sentences,’ (The Guardian, 19 August 2022) <https://www.theguardian.com/commentisfree/2022/aug/19/abortion-legal-great-britain-women-life-sentences-roe-v-wade> accessed 30 October 2022
