The Legislative Mitigation of Roe v. Wade

By: Shalini Rajkumar

The consistent legislative push back enacting more restrictions on abortion, essentially resulting in the policing of women’s bodies around the world. Why is it the drastically important case Roe v. Wade is being neutralized and mitigated every single day as higher level government officials feel the need to control and regulate women and their right to choose what to do with their bodies? Roe v. Wade was a landmark case that struck down an old Texas stature, which essentially legalized abortion in the United States. Abortion prior to Roe v. Wade generally meant that abortion was illegal in the United States.

Norma McCorvey, a.k.a. Jane Roe, was a Texas woman in her early 20s, wished to terminate her pregnancy. At the time, Texas only allowed women who's lives were in danger to receive abortions, so Roe took it up in court. Henry Wade was the district attorney of Dallas County at the time, and he argued with Roe's lawyers over this case, where it eventually went to The Supreme Court on appeal. In June of 1970, the Texas court ruled in favor of Roe's side, saying that banning abortion would be an invasion of privacy and a violation of the 14th amendment. It was then taken to The Supreme Court, where, in a 7-2 decision, they struck down the Texas law and effectively legalized abortion for the country. Ever since Roe v. Wade was decided, however, many states have still imposed laws limiting abortion access.

Women's rights groups expressing an interest in the case at the time debated that the criminalization of abortion would result in many women performing self induced abortions, or resorting to unreliable and other dangerous methods of termination. The justices of the Supreme Court decided that individual states were not permitted to restrict abortions in the first trimester of the woman's pregnancy. States were allowed to enact few limitations on abortion in the second trimester, keeping the mother's health in mind, and if the state pleased, the entire process could be outlawed. After this ruling, women's rights groups entered a state of jubilation, but not for long.

The Roman Catholic Church had condemned abortion for decades, and they considered it a form of infanticide. The National Right to Life Committee was formed, and their definite goal was to reverse the ruling of the Supreme Court. Ever since Roe v. Wade was established, the country has split itself into two major beliefs: pro-life and pro-choice. Pro-life advocates are strongly opposed abortion under any circumstance, while pro-choice supporters are firmly in support of the ability to choose to have an abortion or not. Planned Parenthood, an establishment that helps women receive abortions as well as provides abortions and numerous other reproductive means, has not only been protested frequently but the buildings in certain locations have been attacked by anti-abortion extremists. Oftentimes, it seems as though there is no secure support for women, specifically in a free government that was made to shield and protect us when instead it does the opposite.