Will Roe v. Wade Hold Up Against Newest Conservative Supreme Court Justice?

Roe V. Wade. The case that has shaped abortion law in america since January 22, 1973. Before this case, women had to have doctors approval to get abortions, and in some states, like Texas, where this case originated, abortion was illegal unless the doctor thought it would save the woman’s life. Sarah R. Weddington argued for the case of Jane Roe (a name given to victims of rape to keep them anonymous). Ms Weddington argued that the state laws were “unconstitutionally vague and abridged her right of personal privacy, protected by the First, Fourth, Fifth, Ninth and Fourteenth amendments.” Roe won on a 7-2 decision with some additional rules based on the trimesters of birth to make sure it would protect “the potentiality of human life.”

Not everyone agrees that this is the way it should be. Many states have laws in place called “Trigger laws” that don’t do anything at the moment, but if for any reason Roe v. Wade was overturned, would snap into effect immediately. With the appointment of Justice Amy Coney Barrett by Donald Trump, many are afraid the overturning of Roe v. Wade may be on her agenda.

After the tragic passing of Ruth Bader Ginsburg, a strong woman and feminist who fought her way through a misogynistic America to become the second ever female supreme court justice, Amy Coney Barrett’s appointment is Trump’s way of countering everything positive RBG has done for women, with a woman. Trump says it best himself: “Ginsburg maintained one of the most consistent liberal voting records in the history of the court. Barrett has the same consistency and commitment. She is not a work in progress like some nominees. She is the ultimate ‘deliverable’ for conservative votes.” Ms. Barrett is anti abortion and anti gay marriage. 

In the highly politicized country we live in now, Amy Coney Barrett’s appointment has left many afraid that these trigger laws may be more than just a threat. In Idaho, governor Brad Little signed a trigger law earlier this year that gives no exceptions for sexual abuse unless the crime is reported, and no abortions for personal reason. If the worst case scenario happens, and Roe v. Wade is overturned, women will lose their right to choose, at the hands of those who have no perspective on women’s  reproductive health. My hope is that one day people will realize that they don’t know what is best for everybody else and that they will mind their own business. Roe v Wade was put it place a long time ago, and while it isn’t perfect, allowing states to ban abortion would reverse any progress we have made in women’s reproductive rights. 

Sources:

https://www.oyez.org/cases/1971/70-18

https://www.oyez.org/justices/ruth_bader_ginsburg

https://www.bbc.com/news/election-us-2020-54303848