Roe v Wade is a lawsuit filed by Jane Roe in 1973, which led to the recognition of women’s right to have an abortion by the Supreme Court of the United States. She filed the lawsuit on behalf of herself and other women living in Texas to challenge the state’s abortion laws at the time. The Supreme Court decided in a 7-2 decision that a woman’s right to an abortion was protected by the 14th Amendment of the United States Constitution (right to privacy). The decision was later altered by the case called Planned Parenthood of South-Eastern Pennsylvania v. Casey in 1992, but the right was upheld. In 2021, Texas passed a new abortion law named Bill 8, which prohibits abortion after the 6th week of pregnancy. The lawsuit against the law named Dobbs v. Jackson Women's Health Organization ended up in the Supreme Court.
On the 2nd of May, Politico published a leaked draft opinion of the Supreme Court. While this opinion is not final and can be changed until the summer when the final ruling is expected, it shows a clear path that the Supreme Court might take. In The Opinion, a judge named Samuel Alito wrote that the Roe v Wade decision should be overruled because "The Constitution makes no reference to abortion." This was sharply received by the public all over the world, especially by the human and women’s rights movements and organisations.
The overturning would mean that states could again impose restrictions on abortion and could make it hard for women to get an abortion. This would mostly happen in the states controlled by the Republican Party (the right-wing party in the United States), but some other states could impose some minor restrictions as well. The overturning will not only bring those restrictions back (most were lifted after Roe v Wade) but could also affect other countries around the world, giving the so-called ‘pro-life’ movement extra momentum to continue its fight against abortion rights.
But what effect would this have on Europe, you might wonder? While the overturning would not have any direct effect on European countries, it could start a wave that would result in other conservative countries banning abortion. Especially countries in Eastern Europe that are already prone to the more conservative decisions related to human rights, in general, could broaden their bans. The geopolitical influence of the United States is not to be taken lightly, in Europe especially. The decision could also force the European Union to put pressure on the United States government and Joe Biden to pass a law that would ensure the right to have an abortion. This is, however, not expected since the Union is highly dependent on the United States, as they are their biggest ally in the region.
The final decision is what’s going to count, though. It will most likely draw a path for the United States regarding human rights as the Supreme Court’s majority, which is currently conservative, will most likely not change in the next decade. Either way, this will be one of the most important cases in the United State’s history.
Lars Podkrajšek for Le Journal des Jeunes
11.05.2022
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