The Threat To Roe V. Wade Is REAL
Start writing a post
Politics and Activism

The Threat To Roe V. Wade Is REAL

The new law in Alabama is part of a broader nationwide trend to target the 1973 Supreme Court Decision.

123
https://www.flickr.com/photos/diversey/15188351973


On May 7, 2019, abortion after six weeks was outlawed in Georgia.

Georgia Governor Brian Kemp signed into law a bill that bans abortion after cardiac activity in the fetus can be detected. This milestone is reached at the 5-6 week period of pregnancy, a time when most women do not even know they are pregnant. This type of bill is commonly (and incorrectly) referred to as a "heartbeat bill." It prohibits abortion at a stage when the fetus' heart is not yet formed, instead it depends on the cardiac activity of the fetal tissue. The Georgia law includes an exemption that would allow the procedure to be performed if it would save the mother's life. The Georgia law also includes an exemption for pregnancies that are a product of rape or incest.

Fetal heartbeat bills are popping up in state legislatures all over the country.

Georgia, Ohio, Kentucky, and Mississippi have all passed laws that ban abortion after cardiac activity is detected. In recent years, Iowa, North Dakota, and Arkansas have all passed "fetal heartbeat" laws, but they have been struck down in court. Kentucky's law was struck down earlier this year.

The Alabama Senate voted Tuesday to send the most restrictive abortion bill in the nation to the Governor's desk.

Alabama has gone beyond the fetal heartbeat bill by passing a law that will make performing an abortion at any stage of pregnancy a felony. Alabama Governor Kay Ivey signed the bill into law on Wednesday after the Alabama Senate voted 25-6 to pass it. The law makes it possible for doctors who perform an abortion to face life in prison. Similar to the Georgia law, the Alabama law includes an exemption for abortions based on "reasonable medical judgment." However, the Alabama law does not include an exemption for pregnancies that resulted from rape or incest.

The Missouri Senate passed a version of the fetal heartbeat bill last Thursday.

The bill, also known as the "Missouri Stands for the Unborn Act," bans abortions after 8 weeks of pregnancy with exceptions for medical necessity, but not for pregnancies that result from rape or incest. The bill will go back to the Missouri House for a vote, which is controlled by Republicans, before going to the desk of Missouri Governor Mike Parson (R) for signature. It will no doubt face a legal challenge.

The 1973 United States Supreme Court Case Roe v. Wade made abortion legal in all 50 states, but that decision is more in danger now than ever before.

SCOTUS ruled in favor of the appellant, Jane Roe, in a 7-2 decision. The majority decision focused on the right to privacy found in the fourteenth amendment to the Constitution and recognized in the case Griswold v. Connecticut. The decision viewed abortion as a private decision made by a doctor who is exercising their professional discretion in treating a patient.

The new laws could force a showdown with the United States Supreme Court.

Pro-life groups openly express the idea that new anti-abortion laws break with the precedent set by Roe v. Wade The main purpose of these laws is to open up an avenue to overturn the 1973 decision. Ohio Right to Life President Mike Gonidakis said, "The heartbeat bill is the next incremental step in our strategy to overturn Roe v. Wade." The bill in Ohio has already been legally challenged by the ACLU and Planned Parenthood. The Alabama law is being legally challenged by the Alabama Women's Center and the ACLU of Alabama. These cases could be appealed all the way up to the Supreme Court, which is the goal of this legislation.

Roe v. Wade has been the topic of political conversation for years. So, why now?

With the controversial confirmation of Supreme Court Justice Brett Kavanaugh to the Supreme Court, replacing Justice Anthony Kennedy (often thought of as a swing-vote, including abortion cases) conservatives hold a solid 5-4 majority on the bench. The Supreme Court is not the only place in the judiciary where Trump has left his mark, Republicans have been quietly confirming conservative judges to serve at all levels of the federal court systems. This has emboldened pro-life groups to pursue legislation that places tight restrictions on abortions, with the hope that they may be upheld and Roe v. Wade will be overturned. The states passing these laws are also under complete GOP control as they are classified as "Republican trifectas" (states where the legislatures and governorship are all controlled by Republicans).

The threat to Roe v. Wade is real, but most Americans still agree with the original decision.

According to the Kaiser Family Foundation, 67% of Americans do not want to see Roe v. Wade overturned. These laws do not represent the will of the American people, nor of the founders of the United States. Yet, Louisiana, Mississippi, North Dakota, South Dakota, Arkansas, Kentucky, and Tennessee all have passed "trigger laws" that would immediately ban abortion following the overturning of Roe v. Wade. Nineteen states currently have state laws or supreme court rulings that would protect abortion rights, and more are looking to pass protections as safeguards.

The new laws expose the lack of support for rape survivors in America.

The Alabama and Missouri laws do not allow them to get abortions and they are forced to give birth to their rapist's child. Worst of all, under the new law, doctors in Alabama who perform an abortion face the same maximum sentence as first-degree rape offenders. Under Missouri's new abortion law, doctors could get up to 15 years in prison for performing an abortion, while second-degree rape carries a maximum sentence of seven years and/or a fine of $5,000. While many women do not report their rapes because of the stigma and shame surrounding the issue (and a variety of other reasons), it is possible that their doctors could be policed more harshly than their rapists.

American women deserve better.

After all, it is proven that outlawing abortion does not decrease the abortion rate, it only increases the likelihood that the procedure will be done unsafely. Make no mistake that restricting or outlawing abortion only serves to hurt women by putting them at risk for fatal injuries incurred from unsanitary conditions. We should be progressing towards improving the health of American women and increasing access to reproductive healthcare, instead of undoing almost five decades worth of progress. These laws are unconstitutional, and they are a threat to the rights and safety of all American women.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Being Invisible The Best Super Power

The best superpower ever? Being invisible of course. Imagine just being able to go from seen to unseen on a dime. Who wouldn't want to have the opportunity to be invisible? Superman and Batman have nothing on being invisible with their superhero abilities. Here are some things that you could do while being invisible, because being invisible can benefit your social life too.

Keep Reading...Show less
houses under green sky
Photo by Alev Takil on Unsplash

Small towns certainly have their pros and cons. Many people who grow up in small towns find themselves counting the days until they get to escape their roots and plant new ones in bigger, "better" places. And that's fine. I'd be lying if I said I hadn't thought those same thoughts before too. We all have, but they say it's important to remember where you came from. When I think about where I come from, I can't help having an overwhelming feeling of gratitude for my roots. Being from a small town has taught me so many important lessons that I will carry with me for the rest of my life.

Keep Reading...Show less
​a woman sitting at a table having a coffee
nappy.co

I can't say "thank you" enough to express how grateful I am for you coming into my life. You have made such a huge impact on my life. I would not be the person I am today without you and I know that you will keep inspiring me to become an even better version of myself.

Keep Reading...Show less
Student Life

Waitlisted for a College Class? Here's What to Do!

Dealing with the inevitable realities of college life.

94019
college students waiting in a long line in the hallway
StableDiffusion

Course registration at college can be a big hassle and is almost never talked about. Classes you want to take fill up before you get a chance to register. You might change your mind about a class you want to take and must struggle to find another class to fit in the same time period. You also have to make sure no classes clash by time. Like I said, it's a big hassle.

This semester, I was waitlisted for two classes. Most people in this situation, especially first years, freak out because they don't know what to do. Here is what you should do when this happens.

Keep Reading...Show less
a man and a woman sitting on the beach in front of the sunset

Whether you met your new love interest online, through mutual friends, or another way entirely, you'll definitely want to know what you're getting into. I mean, really, what's the point in entering a relationship with someone if you don't know whether or not you're compatible on a very basic level?

Consider these 21 questions to ask in the talking stage when getting to know that new guy or girl you just started talking to:

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments