All women in America gained the right to legal abortion with the historic decision in 1973.
This lawsuit went down in American civil rights history as “against Roe Wade.”
But if the Supreme Court decides in the form of a leaked opinion, some states may revoke the right to abortion from women.
What was the Roe vs Wade decision?
In 1969, 25-year-old Norma McCorvey filed a lawsuit in the state of Texas against laws criminalizing abortion under the pseudonym “Jane Roe.” Texas abortion was outlawed if the mother’s life was not in danger.
Dallas district attorney Henry Wade was on the side of defending the anti-abortion law in this case.
McCorvey, using the pseudonym “Jane Roe”, was pregnant with her third child, arguing that it was the result of rape.
However, her case was rejected and she had to give birth to the child.
In 1973, this case and another woman in the state of Georgia moved to the US Supreme Court.
It was argued that abortion laws in two states violated women’s personal rights, contrary to the US Constitution.
The Supreme Court decision was in favor of women, with a score of 2 against 7.
The judges concluded that women’s right to terminate their pregnancies is guaranteed by the US Constitution.
How did this case affect women’s rights?
The case created what is called the first trimester system.
According to this;
Women in the United States have the absolute right to terminate their pregnancy during their first trimester.
In the second trimester, some state restrictions may come into play.
In the last three months, states may limit or prohibit abortion because the fetus is close enough to survive outside the womb.
With the decision known as ‘against Roe Wade’, women can terminate their pregnancy without any legal restrictions in case of a life-threatening situation.
What restrictions have been introduced since 1973?
In the 49 years since the historic trial, anti-abortionists have made some gains.
In 1980, the U.S. Supreme Court passed a law banning the use of federal funds in abortion unless the mother’s life was threatened, and ruled that it was appropriate.
In 1989, the decision of state employees and state clinics not to have an abortion was recognized as a right.
However, the biggest impact occurred in 1992.
The US Supreme Court, while retaining the 1973 decision, gave states the right to limit abortions within the first 3 months, except in cases of health problems.
As a result, many states have different restrictions.
In some cases, families and, in some cases, judges, may be involved in the abortion decision of young pregnant women.
Similarly, extending the time between the clinic visit and the abortion day is one of the methods applied.
Because of these restrictions, many women travel to states where the right to abortion is more easily enforced.
The groups defending that abortion is a right argue that women from poor social segments are punished because of these restrictions.
How did the Roe vs Wade decision go before the Supreme Court?
In the Conservative state of Mississippi, the decision to ban abortion after 15 weeks of pregnancy has been moved to the Supreme Court.
If the Supreme Court rules in favor of the state of Mississippi, it will end the ruling that abortion is a constitutional right. Thus, the states will be able to decide on abortion.
There are 9 judges in total in the highest judicial body of the USA. Six of them were appointed by Republican presidents.
If the Court rules leaked, abortion could be banned in half of the US states.