Unleashing a political firestorm in the US, the country's supreme court has voted to strike down the landmark Roe v. Wade decision, which holds abortion a legal right in the country, Politico reported. The report accessed the initial draft majority opinion written by Justice Samuel Alito. "Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division," Alito wrote.
This is considered a part of a broader push by Republicans nationwide to impose new restrictions on abortion. This year, anticipating a decision overturning or gutting Roe, eight conservative states have already moved to restrict abortion rights. Oklahoma, for example, passed several bills in recent weeks, including one that goes into effect this summer making it a felony to perform an abortion. Like many anti-abortion bills passed in GOP-led states this year, it does not have exceptions for rape or incest, only to save the life of the mother.
"As we have warned, SCOTUS [the supreme court] isn’t just coming for abortion. They are coming for the right to privacy Roe rests on, which includes gay marriage and civil rights," tweeted Democratic Congresswoman Alexandria Ocasio-Cortez.
As we’ve warned, SCOTUS isn’t just coming for abortion - they’re coming for the right to privacy Roe rests on, which includes gay marriage + civil rights.
— Alexandria Ocasio-Cortez (@AOC) May 3, 2022
Manchin is blocking Congress codifying Roe. House has seemingly forgotten about Clarence Thomas. These 2 points must change https://t.co/5Isec0osV0
"Not surprising. But still outrageous. This decision is a direct assault on the dignity, rights and lives of women, not to mention decades of settled law. It will kill and subjugate women even as a vast majority of Americans think abortion should be legal. What an utter disgrace." tweeted former secretary of state Hillary Clinton.
Not surprising. But still outrageous.
— Hillary Clinton (@HillaryClinton) May 3, 2022
This decision is a direct assault on the dignity, rights, & lives of women, not to mention decades of settled law. It will kill and subjugate women even as a vast majority of Americans think abortion should be legal. What an utter disgrace. https://t.co/TNo1IX3Tl4
This comes after Texas passed the "Fetal Heartbeat Bill”, making abortions in Texas illegal after the heartbeat of the fetus is detected, unless it is a medical emergency, effectively impacting 85 per cent of abortions and wiping out abortion rights in Texas altogether. Texas lawmakers wrote the law to evade federal court review by allowing private citizens to bring lawsuits in state court against anyone involved in an abortion, other than the patient. Other abortion laws are enforced by state and local officials, with criminal sanctions possible.
Under Roe vs. Wade, abortion access is a legal right. But accessibility has been broken down depending on the stage of pregnancy. Abortion access is unrestricted in the first trimester. In the second trimester, while states can regulate the point at which abortion occurs, abortions cannot be denied. In the third trimester, the states may restrict abortion access once the fetus reaches viability, which is when a fetus can survive outside of the uterus.
Texas' law allows private citizens to sue abortion providers and anyone involved in facilitating abortions. Among other situations, that would include anyone who drives a woman to a clinic to get an abortion. The person suing against the procedure, if successful, could gain up to $10,000 plus attorney's fees. In her dissent, Justice Elena Kagan called the law patently unconstitutional, saying it allows private parties to carry out unconstitutional restrictions on the State's behalf. And Justice Stephen Breyer said a woman has a federal constitutional right to obtain an abortion during the first stage of pregnancy.
