SCOTUS vs. Roe

The overturning of Roe v Wade brought either joy or outrage, depending on your views.

Ava DiGiacomo, Staff Writer

On January 22nd, 1973, Roe  v. Wade  was passed into law, stating that a woman can receive an abortion until the point that a fetus is viable. On June 24th, 2022 — nearly 50 years later — the law was overturned, giving states the right to decide whether abortion would remain legal. As people all around the country opened social media apps or turned on the news, a plethora of emotions charged a politically divided populace. The streets were filled with both angry protestors and those celebrating this historic day. 

Norma McCorvey, under the pseudonym Jane Roe, was the catalyst to the Roe v. Wade decision. McCorvey, a pregnant women, sought an abortion for her child. She originally falsely claimed she had been a victim of rape, hoping this would grant her an abortion. With no evidence to back her claim, the case was dropped and dismissed.  She then claimed that, due to financial struggles, the abortion law in her state of Texas resulted in choosing between giving birth to an unwanted child or seeking an abortion from unqualified doctors. Living in the state of Texas, McCorvey was under some of the strictest abortion bans in the country. 

Henry Wade, the district attorney in charge of the case, did not have strong feelings either way. He claimed ,“The case was not worth more than a shrug. In some cases it is justified, and in others it is not.” 

In an interesting turn of events, McCorvey later reversed her stance on abortion and aligned with the pro-life movement.  Nevertheless, the Roe decision stood for decades, outlasting McCorvey herself, who passed away in 2017.

So why did this law get overturned?

During the Supreme Court’s 2021-2022 season, there were two major turning points in terms of abortion. The first was Whole Woman’s Health vs. Jackson, which was connected to Texas’ strict abortion law (SB8) stating that abortion is illegal after detection of a heartbeat — or about six weeks into a pregnancy. The second case was Dobbs vs Jackson Women’s Health Organization, which essentially ruled that abortion is not a constitutional right, revoking a woman’s reproductive rights after 50 years  under Roe. Instead, states could decide whether abortion was legal in their state, and to what degree. 

The overturning of Roe was undeniably consequential, regardless of one’s political stance. Decades of legislation have been undone, and students at NASH, like countless other Americans, took notice. 

NASH senior, Madilyn Eschenbach, is deeply upset with the Supreme Court’s decision.

For years, those capable of being pregnant had protection regarding their choices about their bodies,” Eschenbach said. “But sadly, that is gone for so many now. While this may seem like a far removed issue from us in Wexford, this will affect everyone, from an individual’s choice to cases of rape or incest to those in dire situations, such as miscarriages or ectopic pregnancies, to disabled people for whom pregnancy is dangerous.”

Of course, students here do have differing opinions on this controversial topic. A NASH student, who asked to remain anonymous, is in full support of Dobbs v. Jackson. 

I am for anything and everything that decentralizes power from the federal government. Dobbs v. Jackson does just that,” he said. “I believe a common misconception is that it bans abortion — it doesn’t. Instead, it gives states the right to mitigate abortion within their own jurisdiction. In fact, could certainly ban abortion, but Dobbs has also expanded abortion access in certain states. For instance, Colorado has allocated millions of dollars to a new advanced abortion clinic, whereas conservative states that are already amongst the lowest in terms of abortion numbers can satisfy constituent requests and limit abortion.”

The same NASH student feels as though Dobbs is a sensible ruling in a time of political deadlock.

“Battleground states are likely to ban abortions in the second and third trimester but keep it accessible in the first. I look at Dobbs as a compromise in a stuck, polarized society. It is something our country hasn’t seen in a very long time. States can now choose according to their citizens, as opposed to the federal government blanketing the entire country.” 

Although heated disagreements will continue, for now the Supreme Court has taken its stance on abortion rights in America.  Eschenbach, however, is motivated to encourage others who share her views to take responsible action.

“Being active is the best thing you can do,” she said. “Spreading awareness on social media is great, but you need more. Hold your representatives accountable, send emails or request a meeting to voice your concerns face to face, and attend rallies in your area.”