GREATER THAN RIGHT OR WRONG

Politicizing abortions may lead to by FLORIAAPOSTOLOVA

Design Editor

legal repercussions
O
n December 1st, 2021, the U.S. Supreme Court met and its subsequent decisions are ‘egregiously wrong,’” and that
to review the legitimacy of Mississippi’s case, known “the conclusion that abortion is a constitutional right has no basis
as Dobbs v. Jackson Women’s Health Organization that in text, structure, history or tradition.”
bans abortions after 15 weeks of pregnancy. This bans abortions Overturning Roe v. Wade gives the right to determining
nearly two months before Roe v. Wade and other previous court abortion laws to the states, which could lead to potentially
decisions allowed. detrimental outcomes. According to NPR, almost half of the
On January 22, 1973, the U.S. Supreme Court ruled 7-2 in favor states already have abortion bans and strict restrictions ready if
of “Jane Roe,” a name chosen to hide the real identity of Norma Roe v. Wade is overturned. Arkansas, Idaho, Kentucky, Louisiana,
McCorvey, the plaintiff. They concluded that restrictive Mississippi, Missouri, North Dakota, Oklahoma, South
state regulation of abortions violates a woman’s 14th Dakota, Tennessee, Texas, and Utah are all states that
amendment right to privacy. However, the court did not Editorials will automatically ban abortions with limited exceptions
agree with Roe’s claim of having the absolute right to represent for medical emergencies, incest, and rape. In some
terminate a pregnancy at any time and for any reason. the states, getting or administering an abortion could lead to
Ultimately, the court defined pregnancy as being divided viewpoints criminal charges, one example being Arizona’s proposed
into three trimesters, each lasting between 12-14 of bill HB 2650.
weeks. They declared that the right to end a pregnancy individual As stated by PBS, HB 2650 would mean that people
within the first trimester was solely up to the woman. authors who receive abortions and doctors who administer
The government could regulate abortion in the second and not them could potentially be charged with homicide and
trimester but did not have the right to ban it in order those of first-degree murder. In the state of Arizona, first-degree
to protect the mother’s health. In the third trimester, Golden murder could lead to the death penalty. The bill claims
states can ban abortions to protect a fetus that can Fleece that life begins at conception, completely going against
survive on its own outside the womb, unless a woman’s Media or its what is stated in Roe v. Wade.
life is at risk if she continues with the pregnancy. Roe staff. The parameters set by Roe v. Wade regarding
v. Wade identified the “point of viability,” the point in fetal viability and when states have the right to
the pregnancy where a child can survive outside of the control abortion access should be upheld. If political
mother’s body. Though this position is changing as society makes ideology interferes with interpreting the law, who’s to say other
medical advancements, the current point of viability is around controversial court decisions will not be overturned? Should
24 weeks of pregnancy, with the earliest a child ever having been Cruzan v. Director, Missouri Department of Health be overturned
born being at 21 weeks. and allow individuals to refuse medical care for people who
Mississippi claims that by the 15th week of pregnancy, the fetus are unable to decide for themselves? Could gay marriage rights
has made important physiological developments. The Jackson granted by Obergefell v. Hodges be revoked?
Women’s Health Organization, the only abortion clinic in the state The U.S. Constitution does not directly state many rights. It is
of Mississippi after the last one closed in 2006, provided evidence the Supreme Court’s job to determine whether a law is interfering
that fetal viability at 15 weeks of pregnancy is impossible. The with the constitutional liberties granted. If the justices take
federal appellate court blocked the law after saying that the state advantage of their legal influence to appeal to politics, the court’s
could not provide any medical evidence proving its point. This integrity is in jeopardy. Overturning Roe v. Wade will only open
essentially upheld the parameters set by Roe v. Wade, saying that up for a possibility of more personal rights to come into question.
abortion is a right until the point of viability. Keeping Roe v. Wade allows a fair legal system to continue in our
The Mississippi law, enacted in 2018, never went into effect country.
because of the immediate
legal challenge brought forth,
which led to blocking its
enforcement. The state’s and
law’s supporters hoped to take
advantage of the conservative
supermajority present with
the current justices. In
Mississippi’s original appeal
to the Supreme Court last
photo/KEVIN DIETSCH/ getty images

year, the state argued that its

law complied with existing
precedents, and said the
court should only overturn
Roe v. Wade if it concluded
that there was no other way
the law could be upheld. In
recent weeks, the state had
changed the course of their
argument, switching their
attack to criticize Roe v. Wade
directly. As reported in NPR,
the state believes that “Roe

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