ROE VS. WADE

On June 24, 2022, Roe v. Wade, the case that labeled the restriction of abortions as unconstitutional, was overturned by the Supreme Court after 49 years. The case was based on the Fourteenth Amendment and the Due Process Clause, which created the implied right to privacy. Under this right, several abortion laws were struck down and deemed unconstitutional. In 1971, using a pseudonym, Jane Roe took to the Supreme Court to argue that the Texas law restricting abortions unless medically required was unconstitutional and violated several amendments including the first, fourth, fifth, ninth and 14th. The verdict was clear. The state may not impose any regulations on abortion within a woman’s first trimester of pregnancy. As a result of the verdict, anti-abortion proponents, many identifying as evangelical Christians, responded with their own opinions and ideas regarding Roe v. Wade. In an effort to appeal to the more conservative Christians, the Republican Party began to use a strong anti-abortion stance to drive their party. This redefined the whole meaning behind the anti-abortion movement. People started viewing the topic as less of a social issue and more of a political stance. Famous American leaders helped drive this movement as well. “We’re told about a woman’s right to control her own body. But doesn’t the unborn child have a higher right? And that is to life, liberty and the pursuit of happiness,” Ronald Reagan said. During his presidency, the Republican Party began to push a firmer stance on “family values” with abortion as a driving force. For a long time, the Democratic party remained consistent on the topic of abortion. Around 1991, 45 percent of Democrats and 41 percent of Republicans showed support for abortion for any reason according to the General Social Survey. Decades later, Democratic support did not change much, with 31 percent of Republicans and a steady 45 percent of Democrats supporting the cause. Only now has the Democratic Party taken a larger stance in the abortion movement. As of 2020, 71 percent of Democrats support abortion. Many criticize how long the Democrats remained passive about the abortion situation when they held power for years. During the 2000s, the party held majority seats in both the House of Representatives and the Senate, yet Roe v Wade was not codified or rearranged into federal law. Since then, it has not been easy for the party to regain both houses or establish a standing in the Supreme Court. This has led to the Court becoming increasingly conservative. After the death of Justice Antonin Scala in 2016, President Obama was blocked from appointing a new judge by the Republican-controlled Senate due to the new election year coming up. After the death of Justice Ruth Bader Ginsburg the same process was not upheld. Instead, Amy Coney Barrett, known for her anti abortion stance, was appointed by the Senate. Since then more than half of the Supreme Court has remained conservative, making it very hard to codify Roe v Wade. Now that Roe v. Wade has been overturned, some worry about the protection of contraception or birth control, as well as other social issues. Justice Clarence Thomas urged the Supreme Court to revisit issues related to same-sex marriage while President Biden hints at Congress’s next moves on the abortion case. Either way, Roe v. Wade is likely to cause a monumental change in America’s politics.

Anika Srinivasan, staff writer