What is Roe Vs. Wade?
In 1973, the Supreme Court of the United States (SCOTUS) made a pivotal decision that established a constitutional right to abortion in the country. Before this landmark decision was made, conflicts between the patrons of pro-life and pro-choice movements were rife.
Abortion was considered legal only in 4 states of the US, with 16 other states permitting abortion in some circumstances. The 1973 decision legalised abortion across the country.
Henry Wade was the district attorney of Dallas County, Texas. Wade was responsible for enforcing a rule that prohibited abortion except to save a woman’s life.
Jane Roe (pseudonym of the plaintiff), a 22-year-old unmarried and unemployed woman sought to have an abortion when she got pregnant for the third time.
Roe was denied access to abortion procedures because of prevailing state laws. Following this, she set a legal challenge in motion when she sued Henry Wade.
The lawsuit came to an end when majority people recognised the right to abortion during the first trimester of pregnancy.
SCOTUS leaked draft: 2022
In recent months, the case of Roe vs. Wade has once again entered the limelight. This is because the SCOTUS’ draft opinion shows that the Court may repeal the constitutional rights to abortion.
This opinion is from the Dobbs vs Jackson Women’s Health Organisation case. In 2018, the state of Mississippi passed a law that bans abortion after 15 weeks of pregnancy.
Jackson Women’s Health Organisation – the only licensed abortion clinic in the state – had filed a lawsuit to challenge the law.
While the clinic made arguments on the grounds of Roe vs. Wade, the respondents argued that the 1973 decision should be revoked.
What happened in June 2022?
SCOTUS reversed the constitutional right to abortion. Now, each state has the authority to make decisions regarding abortion, and to regulate the procedure. Individual states will have autonomy to ban abortion.
Reports indicate that are serous impacts of Roe vs. Wade being overturned. For example, there are 22 states in the US that have laws which can heavily restrict abortion. These laws have come into effect immediately since the original law has been reversed. Of these, 13 states have “trigger” laws that ban abortion immediately.
Justice Samuel Alito, who authored the draft to repeal the decision, argued that while this right is protected by the Constitution, it is not mentioned anywhere in the Constitution.
Before SCOTUS made the decision to reverse Roe vs. Wade, it argued that the draft in itself did not reflect any final decision made by the Court. The recent decision symbolises a shift towards conservative ideals, one that is unwelcome by many.
Repealing Roe vs. Wade is undoubtedly a regressive step. While this doesn’t impact other nations directly, it remains a hot-button issue in the US.
A state of uncertainty in America – caused by such matters – leads to questions about the country’s foreign relations. Could their diplomatic relationships be potentially affected?
The US is often considered to be the bastion of democratic values in the international sphere. As a progressive democratic society, the decisions made by the country will surely have some bearing on its international relationships.
Recently, the US has made great strides in nurturing stronger alliances with many countries.
It will be interesting to analyse how US’ current political and atmosphere influences the relation it shares with democracies in the Asia-Pacific region and countries such as Australia, India, and South Korea.
Author info:
John Bui is the Principal Solicitor of JB Solicitors.The firm primarily deals with matters falling under family law, criminal law, property law, and commercial law. John is a nationally accredited family law mediator and arbitrator.
