One-Year Anniversary of the Overturning of Roe v. Wade: Continued Division

June 24, 2022: a date that will go down in political history, the day that the Roe V. Wade Supreme Court case was overturned. This landmark piece of legislation, when deemed constitutional, made access to an abortion a federal right in the United States. However, the overturning paved a new road, permitting individual states to change or ban abortion rights.

Differences amongst the states began immediately after the reversal of the case. By June 29, 2020 – within five days of the overturning – nine states had already enacted abortion bans, while another dozen states were in the process of doing the same. Those that previously had abortion appointments scrambled to find a way to travel across state borders to complete their request. Long story short, differences amongst the states occurred at once after June 24th.

To see the chronology of abortion rights throughout America, it is important to look at the past and its policies. Jane Roe (a fictional name to protect the plaintiff’s identity) filed a lawsuit against the district attorney of Dallas County, Henry Wade, challenging the Texas law making abortion illegal except for a doctor’s orders in order to save that person’s life. Roe argued that the state’s laws were unconstitutionally vague and reduced her right of personal privacy, which was protected by the First, Fourth, Fifth, Ninth, and Fourteenth amendments. In a 7-2 decision answering whether or not the Constitution recognizes a woman’s right to terminate her pregnancy by abortion, it was favored for Jane Roe.

The Supreme Court Justices who made the original Roe v. Wade decision

Although legal abortion remained a recognized federal constitutional right because of Roe v. Wade, there were still fundamental issues with the abortion process. It stated that people had a right to an abortion, but never mentioned the right to access an abortion. Throughout the years in certain states, it remained nearly impossible to actually obtain an abortion.

Fast forward about 50 years, the Roe v. Wade decision fell into the laps of the Supreme Court justices. Typically, the legal doctrine of stare decisis, latin for “let the decision stand” implies that later court members are rather reluctant to overturn a prior ruling. However, over the years, cases have been cracking the fundamentals of the rights passed from Roe v. Wade. Abortion rights have changed with subsequent hearings, leading to numerous states passing laws actively contradicting Roe v. Wade. A new case titled Dobbs v. Jackson Women’s Health Organization made it to the Supreme Court, and (spoiler alert) this would be the case to eventually overturn Roe. The state argued that stare decisis should not stop the supreme court from making a new decision, and explicitly asked for Roe to be overturned.

It is now June 2023, the one year “anniversary” of the overturning of Roe v. Wade. How has the country changed since then? Is this topic still relevant for the average American? The results of this cause and effect scenario are integral to look at all throughout the country. There are about a total of 22 million women, girls, and other people of reproductive age that lie within states that have either heavily restricted or completely inaccessible abortions. Many reproductive doctors have expressed a sense of confusion and confinement due to rather “vaguely” written bans and laws. In fact, 61% of doctors practicing in states with abortion bans express concerns regarding legal troubles when contemplating their patient care. Many bans have exceptions based on the “mother’s life is in jeopardy,” however, this brings up many questions of where the line is drawn.

Abortion rallies located at the Washington Monument

Overturning Roe was significant for the United States because it gave states agency to create abortion laws on an individual basis. In one year, 14 states have enacted an abortion ban. However, a deeper look into each state explains how the specifics of the bans differ across the country.

Alabama and Alaska show the two extremes of abortion laws that one could experience. Alabama completely outlawed abortions, with no exceptions for the victims of rape or incest. In contrast, abortion is legal in Alaska with no restriction based on how far the pregnancy is. There is no waiting period and no requirement for parental consent, so someone younger than 18 years old can consent themselves. These examples of such contrasting laws identify the polarity present in the country on this single topic.

Differences in abortion laws one year after the over turning of Roe v. Wade

In the past year, the abortion conversation has remained prevalent in the country’s politics. For example, a Supreme Court announcement made in April 2023 received responses from both sides of the political spectrum, a “relief from one side, disappointment from the other.” The decision kept the widely used abortion pill called Mifepristone available in the country. Though, it made clear to both sides of the debate that things are subject to change any day. Monica Simpson, executive director of SisterSong Women of Color Reproductive Justice Collective, says “the week-by-week uncertainty of not knowing the fate of this access remains.”

Differences in opinion by trimester from 2022 to 2023

There was a stark difference in reactions between Democrats and Republicans, revealing the division surrounding this topic. Democrats and abortion advocacy groups celebrated the Mifepristone supreme court decision, however, those that oppose abortion responded with dismay. Republican attorney generals in 21 different states sent letters threatening legal action against Walgreens and CVS pharmacies if they were to distribute mifepristone to customers.

Both perspectives of the abortion debate ultimately both vouch for the best way to keep reproductive health a priority. Erik Baptist, senior counsel of The Alliance Defending Freedom (a conservative Christian legal advocacy organization), seeks to “put women’s health above politics” and “continues on an expedited basis in the lower courts.” On the opposing perspective, Representative Diana DeGette (Democrat of Colorado) adverts that “our fight to fully protect women’s right to reproductive care is far from over.”

Cartoon representing both political parties arguing over both perspectives of the debate

Ultimately, the subject of reproductive rights has not been put to the wayside. Unlike many other top voter issues, abortion continues to be a constant discussion not only within the bureaucracy, but among common people, too. Social media and in-person rallies continue to keep the “fight” of both sides of the argument very much relevant and recent. Dueling rallies by abortion supporters and opponents were held all around the country on June 24, 2023, one year after the overturn. Speakers from national abortion advocacy groups, including the Women’s March and NARAL Pro-Choice America, assembled in Columbus Circle to celebrate the defeat of some abortion opponents in the midterm elections. Contrastingly, across town at the Lincoln Memorial, anti-abortion groups, including Students for Life America, hosted a “National Celebrate Life Day Rally” with Mike Pence attending as a speaker. Simultaneously, Democratic Vice President Kamala Harris spoke in favor of national legislation to protect abortion rights in Charlotte, North Carolina.

Opposing sides of the debate rallying in the same location

Abortion is expected to remain central and prominent in the upcoming congressional and presidential races, with both sides of the political spectrum rallying supporters to become more politically engaged to support their stance on abortion. The anniversary is a reminder to all that this topic is not going away any time soon with such intense polarization. The future of abortion rights is ultimately uncertain and individuals – on both sides – will struggle to enact their political goals.

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One-Year Anniversary of the Overturning of Roe v. Wade: Continued Division

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