Tuesday, June 7th, 2022
Feature
The Pepperbox | Page 11
Roe v Wade- What does it mean? Flannery Warner
O
Opinion Editor
n May 2, 2022, the news outlet Politico obtained and leaked a Su preme Court majority draft opinion outlining a decision that would overturn Roe v. Wade. Both pro-life and pro-choice individuals have raised concerns about this decision because many have argued it marks the first time the Supreme Court has adversely taken away American citizens rights. But what does this really mean, and what should you know about its potential effects? A majority opinion, in simplest terms, explains the rationale behind the argument that received the winning vote among the seven Supreme Court justices. For each case, justices and their clerks write up drafts detailing their point of view on the specific case. They then allow these papers to circulate among the justices, trying to rally support for their particular side. A past case, officially entitled Dobbs v. Jackson Women’s Health Organization, which explained the constitutionality of Mississippi’s ban on all abortions after fifteen weeks of pregnancy was brought into question in the leaked majority opinion draft. The first draft, written by Justice Samuel Alito, was leaked and stated that the right to an abortion was not outlined in the Constitution. Therefore, it was up to the individual states to decide the procedure’s regulation. State governors and legislators would be responsible for setting the rules around when, where and how women can receive abortions. Ultimately, this would be reversing the precedent outlined in Roe
v. Wade, a Supreme Court case that stated that the right to privacy is implied within the Constitution and included a woman’s right to an abortion. To be clear, Roe has not been overturned yet, however, the opinion outlined in this draft is an indication of what the majority of the justices will vote for. If this opinion gets the majority of the votes, Roe will be overturned. Leaking a Supreme Court document is extremely rare, and ironically, the last time it happened was when the original 1973 Roe v. Wade decision was leaked to the press. The way this opinion was released was abrupt and shocked many politicians into releasing statements on the issue. On the same day the decision was leaked, California Governor, Gavin Newsom, stated that he would push and advocate for voters to institute permanent protections regarding abortion access within the California legislatures. This statement makes apparent that it will ultimately be up to voting citizens to make changes in their state legislatures if Roe is overturned. We can expect a final decision to be handed down from the Court this summer. Some states will feel the impact immediately as they have “trigger laws” or laws that will immediately ban abortions or severely limit them to before sixweeks of pregnancy if the court makes the decision to overturn Roe. According a pro-choice research organization, the Guttmacher Institute, these states include Alabama, Arizona, Arkansas, Georgia, Idaho, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Dakota, Ohio, Oklahoma,
South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin and Wyoming. This will disproportionately affect individuals living in conservative states and under served communities. In an effort to combat this, on May 18, Oakland City Council was the first city in California to declare itself a “sanctuary city for abortion.” According to Bay City News Service, this means that the city will be a safe place for women wanting abortions. The Oakland City Council further stated their support for U.S. House Bill 3755, which would place the right to an abortion in federal law. This bill, known as The Women’s Health Protection Act, passed the House of Representatives but is still trying to get enough votes in the U.S. Senate. Within our local community, if Roe is overturned, it is unlikely that it will have a huge legislative impact due to the Democratic leaning of Humboldt and California’s overall legislature.
However, laws and legislation at a federal level may be on the horizon, which could limit abortion more broadly. In addition, as young adults, a huge concern for many is access to birth control and contraceptives. Many experts are stating that if this decision goes through and Roe is overturned, these products could be severely limited. Dr. Kavita Arora, chair of the ethics committee at the American College of Obstetricians & Gynecologists, was quoted in National Public Radio’s article saying this decision could affect procedures such as birth control, emergency contraception, trans-affirming healthcare and fertility treatments such as in vitro fertilization. This decision opens debate over other policies protecting individuals’ reproductive rights. The effects of this case, regardless of the decision, will have sweeping impacts through either affirming Roe v. Wade or overturning it.
Meili McCann-Sayles/PEPPERBOX
Protesters in Eureka defend Roe v Wade and the right to abortion
