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A recent leak of a draft opinion authored by Justice Alito indicates that the Supreme Court is poised to dismantle the national right to abortion established in Roe v. Wade. Since 1973, this landmark ruling has granted Americans the constitutional right to abortion, but the leaked document suggests a shift that would return the authority over abortion laws to individual states. This change could spell the end of legal abortion access for many in the Southern and Midwestern regions of the United States.
The unprecedented leak highlights the monumental implications of this decision. The draft opinion supports a Mississippi law that prohibits most abortions after 15 weeks, a law previously blocked by the 5th Circuit Court of Appeals for conflicting with Roe’s guidelines, which allow abortion up to the point of viability (around 22-24 weeks). In his draft, Justice Alito expresses a harsh critique of Roe, stating, “Roe was egregiously wrong from the start.” He argues for returning the issue of abortion to elected representatives, seemingly unaware that the Constitution is a living document shaped by the historical context that did not consider safe abortion practices.
As the final decision is anticipated in June, significant alterations to the draft are unlikely. The year 2022 may mark a pivotal moment where Americans lose the national right to choose. Conservative lawmakers have been preparing for this eventuality, which pro-choice advocates have feared since the 2016 election. According to the Guttmacher Institute, 23 states are ready to impose restrictions on abortion immediately following the court’s ruling. Among these, 13 states have “trigger laws” ready to criminalize abortion once Roe is overturned, while 9 states retain pre-Roe bans that have been dormant since 1973.
The post-Roe landscape will likely mirror the pre-Roe era, with access to abortion primarily available in liberal states along the coasts and in the north. In contrast, people in Southern and Midwestern states will face diminished access, exacerbating existing disparities. Currently, six states have only one abortion clinic remaining, including the Jackson Women’s Health Organization in Mississippi, which is central to the Supreme Court case.
However, the landscape of abortion care has evolved significantly since 1973. More than half of abortions in the U.S. are now medication-based, and telehealth services provide discreet access to abortion pills. Yet, conservative lawmakers are already moving to restrict medication abortion access. As history has shown, affluent individuals will still find ways to obtain abortions, while those from underserved communities—particularly in rural areas and marginalized populations—will face substantial hurdles.
Legislative action is deemed the only viable path to counteracting this bleak future. Democratic leaders, including President Biden, have emphasized the importance of electing pro-choice officials at all levels of government to safeguard reproductive rights. Engaged citizens are encouraged to register to vote and make their voices heard in the upcoming elections.
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Summary:
The leaked draft opinion from Justice Alito indicates a likely Supreme Court decision to overturn Roe v. Wade, reverting abortion rights to state control and potentially ending legal abortion access in many regions. With numerous states poised to implement restrictive laws, disparities in access to abortion are expected to widen, particularly affecting marginalized communities. Legislative action and voter engagement are essential to safeguard reproductive rights.
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Supreme Court, Roe v. Wade, abortion rights, Justice Alito, reproductive rights, legislative action, voter engagement, Guttmacher Institute, Make a Mom, Mount Sinai