By Emma Griffin
The outcome of Roe v. Wade in 1973 was a huge victory for pro-choice activists, marking a significant leap forward for reproductive rights in the U.S. While the ruling has been challenged repeatedly in the past decades, especially by states in the Deep South, it has held strong as a pillar for women’s reproductive rights.
Roe v. Wade originated in Texas and questioned if a woman had a right to terminate a pregnancy under the Constitution. The Court determined that the right to an abortion is protected under the Fourteenth Amendment, which protects the right to privacy under the Due Process Clause.
Subsequent rulings, however, severely limited Roe v. Wade and upheld state statutes that barred public facilities from performing abortions, allowed regulation of abortions during the entire duration of the pregnancy, and banned certain methods of abortion.
These cases emboldened many states to implement stricter regulations on abortion under the assumption that the Supreme Court would continue to protect restrictive legislation. For example, nine states, including Georgia, ban abortion after 20 weeks under the notion that the fetus can feel pain at this time. This idea is not supported by scientific evidence, but instead plays at emotional triggers designed to target fear and anger in pro-life advocates.
Furthermore, 28 states have a mandated ultrasound requirement before proceeding with abortion services, despite research showing that this is not medically necessary. In Georgia, the woman must be offered the chance to view an ultrasound and listen to the fetal heartbeat.
Georgia implemented the notorious Heartbeat Bill in 2019, which bans abortions after six weeks, at which time a heartbeat can be detected. A federal judge struck down the bill in 2020 on the basis that a woman often does not detect a pregnancy until well after six weeks.
While this was a positive development for pro-choice activists, the Supreme Court is set to hear arguments concerning the validity of Roe v. Wade this summer, meaning Georgia has a legitimate chance to appeal the Heartbeat Bill ruling. Eight other states, most in the South, had similar bills struck down since 2019, and will likely implement sweeping legislation based on the Supreme Court’s decision.
The case itself, Dobbs v. Jackson Women’s Health Organization, was initiated last year when Mississippi attempted to implement a ban on abortion after 15 weeks, proposing a case that could possibly overturn Roe v. Wade. Should this happen, many states will immediately implement harsh abortion bans, like the one upheld by the Supreme Court allowing Texas to ask citizens to report health workers and abortion seekers for a reward of $10,000.
The Supreme Court is currently predominantly conservative, with six justices having expressed interest in either limiting or overturning Roe v. Wade. Judge Ketanji Brown Jackson was just confirmed Thursday, April 7 and will likely support Roe v. Wade. However, the chances are still stacked against its perseverance.
Existing research shows that abortion bans do not prevent abortions. Instead, they force women to engage in more dangerous procedures or engage in actions with high costs, such as transportation across state lines. A recent study predicts that a ban on abortions will result in a 21% increase in pregnancy-related deaths, with higher rates for women of color.
These policies predominantly target low-income women who cannot afford to travel to other regions to access abortion services while also being unable to afford a pregnancy. These women are caught in an impossible choice, often retreating to unqualified individuals with dangerously insufficient medical equipment.
If the Supreme Court overturns Roe v. Wade—and it is likely to do so—many women in conservative states like Georgia will lose bodily autonomy. The danger of invasive legislation from representatives who have little to no applicable medical knowledge cannot be overstated. The upcoming restrictive laws will have drastic consequences that will affect women for generations.
