In 1970, a woman named Jane Roe* filed a lawsuit against Henry Wade, a district attorney in Texas, claiming that the state’s abortion laws were unconstitutional. In a 7-2 decision, the Supreme Court ruled in favor of Roe, stating that the right to abortion is covered under the 14th amendment’s right to privacy. As of January 22, 1973, abortion was legal in the United States.
Now, nearly 50 years later, Roe is very likely to be overturned.
We’ve all heard on the news and on social media that abortion rights are in danger, but what would an end to Roe actually mean? Here are some things to be aware of as we prepare for the potential fall of legal abortion in the United States.
*This was a fictional name used by the Court to protect the woman’s privacy.
Trigger Laws
If Roe v. Wade is overturned, abortion legality will be up to each state. Currently, 13 states have trigger laws in place: Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming. This means that once Roe is overturned, these states will automatically ban abortion. Five other states—Alabama, Arizona, Michigan, West Virginia, and Wisconsin—have pre-Roe laws still in their law books that would become enforceable again when Roe is overturned at the federal level. It’s important to be aware of these laws if you live in one of these states because anti-abortion laws could be enforced almost instantly.
Hyde Amendment
Similar to trigger laws, the Hyde Amendment was put in place to further restrict abortion access. The Hyde Amendment bars the use of federal funds to pay for abortion except in cases where the pregnant person’s life is at risk. The Hyde Amendment is problematic because it disproportionately impacts vulnerable populations: namely, women of color, young women, women in poverty, and immigrants. These women, who may already be facing extreme struggles in their personal life, will not be financially supported enough to receive a lifesaving abortion. This leads me into my next point, which is…
Racism & Intersectionality
While overturning Roe will affect millions of Americans, the people who will be most impacted are Black women and other women of color. The truth is, middle-class white women have almost always had access to abortion, and that will likely continue even if Roe falls. Black women are already egregiously mistreated in medical settings, especially when it comes to pregnancy, and because of this medical racism, women of color have not had equal access to abortion even with Roe v. Wade in place. If it falls, the treatment that Black women will receive and the access they will have to abortion will be even worse.
State Abortion Bans
States like Texas and Oklahoma have been in the news recently for their restrictive abortion laws. If Roe is overturned, many other states will likely follow suit. Fortunately, there are states where abortion access will be protected or expanded after Roe is overturned: Alaska, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington. In these states, abortion will still be protected at the state level even if it is not accessible at the federal level.
When Roe falls, these states will likely see a surge in abortion rates, as women will be forced to travel across state lines to receive an abortion. Clinics in these states are already preparing for an influx of patients that they will see when neighboring states ban abortion.
For a full map of abortion access status, click here.
Losing Other Forms of Healthcare
A huge misconception about clinics like Planned Parenthood is that they only perform abortions. On the contrary, Planned Parenthood offers birth control, pregnancy and STD testing, cancer screenings, and more. Usually, these services are offered at a fraction of the cost they would be at a different facility. If organizations like Planned Parenthood are defunded as a result of a Roe v. Wade overturn, millions of women will lose access to these types of healthcare, which is dangerous. For instance, when Wisconsin defunded one of their PP health centers, chlamydia and gonorrhea rates increased significantly. Health care that has nothing to do with abortion could be lost if Roe falls.
Unsafe Abortion
Abortion is incredibly common in the United States; nearly one in four women will have an abortion at some point in their lives. If access to safe abortion is removed, pregnant people will resort to dangerous measures. Unsafe abortion is a leading cause of maternal mortality, causing 4.7-13.2% of maternal deaths per year. Banning abortion will only increase this percentage. Regardless of one’s personal stance on abortion, the statistics show that a total ban will result in more lives taken, not more lives saved.
What You Can Do
Unfortunately, abortion will very likely be banned within the next year. This fact is extremely scary, especially for people who are already vulnerable to sexual abuse or unwanted pregnancies. Things may seem hopeless, but there are a few things that we can do to fight back.
- Push President Biden and Congress to make Roe v. Wade law.
One of Joe Biden’s campaign promises was to codify Roe v. Wade into law. With a current Democratic president and majority in Congress, now is a crucial time to turn Roe into a law, where it would be protected at the federal level without risk of being overturned. Contact your representatives and tell them to let Biden know that Roe needs to be made law.
- Volunteer at your local abortion provider.
There are often anti-abortion protestors harassing women outside of clinics like Planned Parenthood. If you are able, signing up to volunteer at your local clinic can help women feel secure and safe attending their medical appointments. If you are unable to volunteer, donating to groups like Planned Parenthood and NARAL can help keep abortion accessible for people who need it.
- Protest.
Protesting is a great way to capture the nation’s attention about issues that are important to you. If Roe is overturned this summer, there will almost definitely be widespread protests scheduled. Attending a protest can be inspiring and effective, but it is important to stay safe. Go with friends, bring snacks and water, and make sure to have back up plans in case things get dangerous.
- Vote.
While voting does not fix everything, it is the most significant way that we can make an impact. The 2022 midterm elections will be crucial for passing legislation, so make sure to stay educated on all of the candidates and use your vote and your voice. Check your voter registration status here.
Finally, it’s important to have a plan in case of an unplanned pregnancy. Organizations like the Auntie Network have people all around the country who provide birth control, financial support, places to stay, or rides to facilities for people who need emergency care. No matter what state you live in, know the nearest and safest place to go to receive care. The fall of Roe will be scary, but there are people more than willing to help.
To keep up with the Supreme Court’s upcoming term, go here.