politics

Roe v. Wade was overturned two weeks ago. Here’s what's happened since.

Two weeks ago, the US Supreme Court overturned the landmark 1973 Roe v. Wade ruling that recognised a woman's constitutional right to an abortion and legalised it across the country, handing a momentous victory to pro-life advocates who want to limit or ban the procedure.

The court, in a 6-3 ruling powered by its conservative majority, upheld a Republican-backed Mississippi law that bans abortion after 15 weeks.

The vote was 5-4 to overturn Roe, with Chief Justice John Roberts writing separately to say he would have upheld the Mississippi law but not taken the additional step of erasing the precedent altogether.

The justices held that the Roe v. Wade decision that allowed abortions performed before a fetus would be viable outside the womb - between 24 and 28 weeks of pregnancy - was wrongly decided because the US constitution makes no specific mention of abortion rights.

How did the United States get here?

A draft version of the ruling written by conservative Justice Samuel Alito indicating the court was likely to overturn Roe was leaked in May, igniting a political firestorm.

The ruling authored by Alito largely tracked his leaked draft.

"The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision," Alito wrote in the ruling.

Roe v. Wade recognised that the right to personal privacy under the US Constitution protects a woman's ability to terminate her pregnancy. 

The Supreme Court in a 1992 ruling called Planned Parenthood of Southeastern Pennsylvania v. Casey reaffirmed abortion rights and prohibited laws imposing an "undue burden" on abortion access.

"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 inflamed debate and deepened division," Alito added.

By erasing abortion as a constitutional right, the ruling restores the ability of states to pass laws prohibiting it. 

What has happened since Roe v. Wade was overturned?

Already, ten states have legislated to ban abortion in all circumstances, including rape and incest. 

An additional four states are likely to adopt the ban soon, while the ban was blocked in three states.

There is restricted abortion access to five states, and two more are expected imminently.

Meanwhile, abortion is likely to remain legal in Democrat-led states. 

Interests in vasectomies have skyrocketed since the overturning of Roe v. Wade. On the day and days following the Supreme court's announcement, google search queries for "vasectomy cost", "get a vasectomy" and "vasectomy near me" spiked.

Doctors have reported the same trend with a heightened number of people expressing their interest in getting a vasectomy.

Earlier today, President Joe Biden signed an executive order that aims to protect women's access to abortion.

It will apply to states where the procedure remains legal by heading off some potential penalties that women seeking abortion may face, but his order will not restore access to abortion in the states where total bans have gone into effect.

Many high-profile politicians and figures have shared their dismay with the ruling.

Australian Prime Minister, Anthony Albanese is yet to make a statement. 

- With AAP

Feature Image: AAP/Getty.

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Top Comments

snorks 2 years ago 1 upvotes
You'd think writing about why they overturned it would be needed to know too. 
<deleted> 2 years ago
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snorks 2 years ago
@brig that's potentially the reason why the states have those laws, that's not why roe was overturned. 
mb1111 2 years ago
@snorks it’s a shame that womens bodies needed to be the battle ground to test a states rights issue. For me the question was should it be overturned 50 years afterwards?  If they cared as much about the resultant children and the women themselves then I would buy it. However who cares about either once the baby is born? 
snorks 2 years ago 2 upvotes
@mb1111 if it's a bad ruling it should absolutely be overturned. 
Imagine what else they could do if they didn't have to have proper reasoning for their laws?
I don't buy that. 

johanne 2 years ago
Abortion wasn't anyone else's business back when the US constitution was written; it was just something that happened quietly. A conception wasn't a baby back then until it kicked and periods could be returned to normal if need be before then. So that's the reason it wasn't in their constitution; it was a fundamental human right and not considered worthy of legislation. It's only once the medical profession got hold of pregnancy and childbirth that this changed.
mamamia-user-482898552 2 years ago 2 upvotes
@johanne  Kindly don't blame "the medical profession" for this. Doctors are not the ones to blame for the pro-life movement. 
snorks 2 years ago
@johanne  not the medical profession, science. 
mamamia-user-482898552 2 years ago 2 upvotes
@johanne  Further, Johanne, the US Constitution was written when women couldn't vote, and it didn't take women into consideration at all. You might find this essay by Margaret Atwood enlightening:

https://www.theatlantic.com/ideas/archive/2022/05/supreme-court-roe-handmaids-tale-abortion-margaret-atwood/629833/