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EVOLUTION OF REPRODUCTIVE RIGHTS
1
Roe v Wade: The Evolution of Reproductive
Rights in America
Tamia Santiago
Poli 215
November 14, 2023
North Carolina Agricultural and Technical State University
EVOLUTION OF REPRODUCTIVE RIGHTS
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Table of Content
Introduction …………………………………………………………………..3
Legal Precedent ………………………………………………………………3
Public discourse and activism ………………………………………………..4
Pro-life………………………………………………………………………...4
Impact on State Legislation …………………………………………………..5
Impact on Healthcare Providers………………………………………………6
Legal Battles and Court Challenges………………………………………….7
Recent Challenges……………………………………………………………8
Conclusion……………………………………………………………………9
Introduction
The Roe v. Wade decision by the Supreme Court of the United States has had a significant and
lasting effect on the country. The decision, reached on the 22nd of January in 1973, affirmed a
woman's legal right to an abortion. Since then, this decision has been a highly political and
controversial issue in American society. In 1970, a pregnant woman named Norma McCorvey,
who went by her pseudonym
1
"Jane Roe," submitted a lawsuit challenging the law's
constitutionality of a statute in Texas that prohibited abortions except to save the life of a woman.
The case ultimately advanced to the Supreme Court, which ruled in a 7-2 majority rule decision
that its entitlement to privacy under the due process clause of the 14th Amendment in the U.S.
Constitution was compromised. This extended to a woman's
decision to have an abortion. The
decision effectively legalized abortion throughout the United States.
Legal Precedent
This case implemented one of the most important legal precedents in history by ruling
effectively legalizing abortions nationwide, overturning many restrictive state laws. Beyond
American borders, the Supreme Court case of Roe v. Wade's ruling has acted as a focal point for
global reproductive rights movements, spurred discussions, and impacted abortion laws and
policies in other nations.The ruling influenced global conversations and legal frameworks
surrounding reproductive rights and abortion, serving as a reference point for similar discussions
in other countries.
Wide-ranging and intricate effects have resulted from Roe v. Wade ruling. On
one side, it has been hailed as a triumph for the reproductive rights of women and freedom of
choice.
It has provided women greater authority over their physical well-being and their
1
a fictitious name, especially one used by an
author.
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reproductive decisions.
The decision has been credited with reducing maternal mortality rates
and permitting women to pursue studies, jobs, and other life goals without fear of an unwanted
pregnancy.
Public discourse and activism
The future of Roe v. Wade has come under growing scrutiny in recent years. There is fear that
the ruling could be substantially modified or overturned as a result of the conservative-leaning
justices appointed to the Supreme Court. Increased activism and advocacy efforts to protect and
advance abortion rights have resulted from this. Organizations like Planned Parenthood and
NARAL (National Abortion Rights Action League) formed by pro-choice advocates lead to the
formation of this continuing advocate for access to safe and legal abortion.
Roe v. Wade elevated discussions about abortion rights in the media and public forums,
prompting a shift in societal attitudes toward reproductive rights and the role of government in
personal decisions. Op-eds,
2
news coverage, documentaries, and public debates contributed to
the shaping of public opinion on abortion, further fueling the discourse. The case continues to
serve as a rallying point for advocacy and awareness campaigns. Pro-choice organizations
conduct educational initiatives, awareness drives, and public outreach efforts to protect and
expand access to abortion services.
Pro-life
Conversely, anti-abortion groups continue to mobilize in opposition and form organizations
like. One those include the National Right to Life Committee, which engages in protests,
marches, and engaging with contract lobbyists in efforts to challenge, restrict or overturn
2
A short newspaper column printed opposite to the editorial page, which expresses the opinion
of an author or entity with no affiliation with the publication's editorial board.
EVOLUTION OF REPRODUCTIVE RIGHTS
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abortion rights through legislative means and public awareness campaigns. These efforts have
led to the enactment of various state-level laws and regulations aimed at limiting access to
abortion, such as waiting periods, mandatory counseling, and parental consent laws. A suggestion
that a pro- life advocate may present to a pro-choice advocate may be the practice of abstinence.
3
Impact on State Legislation
Roe v. Wade significantly affected state laws related to abortion. While the ruling legalized
abortion across the nation, subsequent legal battles and regulations have allowed states to
introduce regulations governing various aspects of abortion access.These regulations aim to
impose restrictions on the procedure while remaining within the boundaries set by Roe v. Wade
and subsequent Supreme Court decisions. Legal abortions have had a substantial impact on state
legislation surrounding reproductive rights and healthcare. The legalization of abortion following
Roe v. Wade prompted states to enact a variety of laws that both uphold and challenge the
precedent set by the Supreme Court.
From my experience being a young African-American woman at an HBCU last year, around the
time we were voting for representative for our state it was empirical that they emphasized the
importance of knowing your rights when it came to your reproductive system and voting rights.
Ambassadors, volunteers, and supporters showed us who stood for what and what each role did.
Being at an HBCU where they preach freedom of speech and freewill to express themselves, I
appreciated professors delaying class so that students could vote. This influenced the voter
turnout and it was a phenomenal feeling to see black and brown students take advantage of that.
Roe v. Wade became a cornerstone issue in American politics, leading to a deepening
polarization between conservative and liberal groups. Political parties often use their stance on
3
Refraining from sexual activity, usually intercourse.
EVOLUTION OF REPRODUCTIVE RIGHTS
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abortion rights to rally their bases and garner support during elections.
Impact on Healthcare Providers
Some states have placed TRAP (Proliferation of Targeted Regulation of Abortion Providers)
laws, imposing firm requirements on facilities where abortions are performed. These laws can
mandate unnecessary and costly facility upgrades, staffing requirements, or admitting privileges
for physicians, leading to the closure of clinics and limiting access to abortion services. State
legislatures, particularly those with anti-abortion agendas, have continually introduced
legislation aimed at reducing access to abortion services. This includes attempts to ban abortions
after a certain gestational age, implementing restrictions on insurance coverage (like Medicaid)
4
for abortion, and imposing medically unnecessary regulations on providers. Access to safe and
legal abortion services, influenced by Roe v. Wade, remains a critical aspect of women's
healthcare, particularly for marginalized and low-income individuals.
Abortion laws at the state level can affect healthcare providers, influencing their ability to offer
comprehensive reproductive healthcare services. Providers may face legal barriers, ethical
dilemmas, and challenges in delivering care due to varying state regulations and restrictions.
The decision also affected medical practices surrounding abortion. It allowed for the
development of safe and legal abortion services, contributing to a decline in unsafe, illegal
procedures that posed significant health risks to women. Some have codified
5
the right to
abortion in their state constitutions or passed laws specifically safeguarding access to
reproductive healthcare services.
4
a joint federal and state program that gives health coverage to some people with limited income
and resources.
5
Codified laws refer to the rules and regulations that have been collected, restated, and written
down for the purpose of providing civil order to a society.
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The knowledge, abilities, and standard of care that aspiring doctors and nurses provide will
change as a result of overturning Roe v. Wade , especially in states where abortion is illegal or
where pregnancy age limits apply. More tax dollars will be allocated into ensuring that our
healthcare professionals are trained and educated properly in the aspect of healthcare.
Conversely, certain states have moved to protect abortion rights within their borders by
enshrining the principles of Roe v. Wade into state law. The states rights
6
pertaining to abortions
are preserved by the Constitution from the government, meaning if North Carolina believes that
the choice to have an abortion is protected under the fourteenth and tenth amendment then that's
the final decision for them.
Legal Battles and Court Challenges
The introduction of state-level abortion laws has led to numerous legal battles, with advocacy
groups challenging restrictive legislation in courts. These legal challenges often result in
protracted battles, impacting the availability and accessibility of abortion services while court
decisions are pending. While the conversation arised about overturning Roe v. Wade ruled many
people decided to buy emergency contraception in bulk, in fear of not being able to have access
to an abortion clinic. Although a common misconception is that the decision to overturn Roe v.
Wade affects or restricts Plan B’s, which is false. The case had a lasting impact on the
composition of the Supreme Court and the nomination process. It remains a focal point in the
confirmation hearings of justices and influences discussions on a nominee's stance on
constitutional issues, particularly regarding individual rights and privacy.
Over time, challenges to Roe v. Wade led to subsequent Supreme Court decisions that allowed
6
political powers held for the state governments rather than the federal government according to
the United States Constitution,
EVOLUTION OF REPRODUCTIVE RIGHTS
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for certain restrictions on abortion. These decisions, such as Planned Parenthood v. Casey in
1992, upheld the central holding of Roe but permitted states to impose limitations as long as they
did not place an "undue burden" on women seeking abortions.The ruling has been repeatedly
contested in courts of appeal and legislatures across the nation as a result of anti-abortion
activists' continuous attempts to enact restrictive legislation meant to overrule or evade Roe v.
Wade. The composition of the Supreme Court plays a significant role in the reconsideration of
Roe v. Wade. With changes in the Court's membership, particularly the appointment of justices
whose views on abortion rights are less clear, there's been speculation about the possibility of the
Court revisiting or reevaluating the precedent.
Recent Challenges
As of January 2022, Roe v. Wade, which legalized abortion in the United States, remains intact.
However, there have been ongoing challenges and efforts by anti-abortion groups and legislators
to overturn or limit its scope in its entirety.
According to the National Library of Medicine, the
Supreme Court of the United States issued a decision in Dobbs v. Jackson Women’s Health
Organization that overturned Roe v. Wade. This indicates that the United States Constitution no
longer protects women's right to choose whether to have an abortion or carry a pregnancy to
term.
Over the years, there have been several conversations about when trigger laws
7
would take
effect.
Dobbs v. Jackson initiated multiple bans in 26 United States
. Of those 26, 13 of them had
trigger laws that automatically took effect when Roe v. Wade
was revoked.
Conclusion
In conclusion, the impact of the Supreme Court's decision on Roe vs Wade has been profound
7
laws that are passed by a legislative body but only go into effect once a certain thing happens
EVOLUTION OF REPRODUCTIVE RIGHTS
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and far-reaching. The Roe v. Wade's decision altered the legal and reproductive rights conditions
throughout the US. The case concentrated on a woman's right to choose abortion, contending that
the constitutional right to privacy extends to a woman's decision to end a pregnancy. The
decision had short- and long-term
implications regarding many aspects of society, law, and
debate in society. It has fundamentally reshaped the legal landscape surrounding abortion rights
in the United States varying from state to state and has sparked contentious debates on the issue.
As the future of Roe vs Wade continues to be debated as to whether or not women's right to their
body is protected under the Constitution. Overall, legal abortions have sparked a continual
legislative tug-of-war at the state level, where lawmakers and advocacy groups on both sides
seek to shape the accessibility and availability of abortion services within the confines of federal
rulings like Roe v. Wade. Public opinion regarding abortion rights remains divided. Advocacy
groups on both sides continue to mobilize, with pro-choice organizations working to protect,
reinstate, and expand reproductive rights while anti-abortion groups seek further restrictions and,
in some cases, exploit those who agree with the decision of Roe v. Wade.
It remains a critical
and defining issue for women's rights and reproductive freedom.
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References
Guttmacher Institute, Research and analysis on abortion policy and advocacy. Retrieved
November 14, 2023, from
https://www.guttmacher.org/
National Abortion Federation. Retrieved November 14, 2023 from
https://prochoice.org/patients/abortion-what-to-expect/
National Institute for Reproductive Health - Reports and resources on reproductive rights
advocacy.
Retrieved November 14, 2023, from
https://www.nirhealth.org/
National Women's Law Center. Resources on reproductive rights and laws. Retrieved November
14, 2023 from
https://nwlc.org/resource/resource-hub-the-supreme-court-and-roe-v-wade/
Planned Parenthood of Southeastern Pennsylvania v. Casey. (n.d.).
Oyez
. Retrieved November
15, 2023, from https://www.oyez.org/cases/1991/91-744
Roe v. Wade. (n.d.).
Oyez
. Retrieved November 14, 2023, from
https://www.oyez.org/cases/1971/70-18
Wang, X., Lin, Y., Liu, Z., Huang, X., Chen, R., & Huang, H. (2021). Analysis of the causes and
influencing factors of fetal loss in advanced maternal age: a nested case-control study.
BMC
Pregnancy and Childbirth
,
21
(1), 1-7.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9824972/#:~:text=restricted
%20%5B28%5D.-,Overturning%20Roe%20v.,abortion%20or%20pregnancy%20age
%20restrictions.
Dynamik
. Viral Documentary. Abortion: Stories Women Tell: Provides insights into the personal
impact and societal implications of abortion rights.
Retrieved November 14, 2023 from
https://www.viraldocumentary.com/documentaries-about-
abortion/