What happens if Roe vs Wade is overturned? Meaning and significance explored as US Supreme Court makes decision 

The historic Roe vs Wade decision is reportedly set to be overturned by the U.S. Supreme Court, per an initial draft written by Justice Samuel Alito and obtained by Politico.

The publication defined the draft as a complete rejection of the 1973 Roe vs Wade decision. The landmark decision guaranteed the constitutional protection of abortion rights and a subsequent 1992 Planned Parenthood v. Casey decision that further supported the right.

Justice Samuel Alito reportedly wrote about the decision in a document titled "Opinion of the Court." He claimed that Roe vs Wade was wrong since its inception:

"Roe was egregiously wrong from the start. We hold that Roe and Casey must be overruled. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

However, the court's decision will not be considered final until it has been officially published. As draft opinions are circulated, major decisions are often subject to vote-trading and the creation of multiple drafts.

The latest report surrounding the Roe vs Wade decision is yet to be confirmed. However, if the ruling comes into effect, the immediate impact of the overturn could be the end of guaranteed federal constitutional protection of abortion rights.

The immediate impact of the ruling, as drafted in February, would be the end of the longtime Roe vs Wade legalization of abortion. It would also mean allowing each state to decide whether to restrict or ban abortions. It’s unclear if there have been subsequent changes to the draft.

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A look into the Roe vs Wade case and its significance

Roe vs Wade is a 1973 legal case filed by Jane Roe against Dallas County district attorney Henry Wade. It led to the ruling of the U.S. Supreme Court on women's right to abortion.

Jane Roe, aka Norma McCorvey, an unmarried pregnant woman, filed a lawsuit to challenge the Texas Abortion Laws. At the time, abortion was considered illegal in Texas unless the procedure was required to save the mother's life.

Roe and others involved in the case argued that the law invaded the right to "liberty" under the 14th Amendment Act. They said it infringed the marital, familial, and s*xual privacy of women as previously guaranteed by the Bill of Rights.

The plaintiffs stated that the right to an abortion is "absolute." They added that women should make the decision to end a pregnancy according to their own will "at any time, for any reason, and in any way they choose."

Meanwhile, the state of Texas defended the criminalization of abortion. It said the law was made with an "interest in safeguarding health, maintaining medical standards, and protecting prenatal life."

The state also argued that the fetus is a "person" that needs to be protected by the 14th Amendment. It claimed that "protecting prenatal life from the time of conception is a compelling state interest."

During the Roe vs Wade trial, the Supreme Court noted that the U.S. provided a fundamental "right to privacy" that protected a woman's right to decide on their abortion.

However, the court also said that abortion rights are not absolute and should be balanced against the government's interests in protecting women's health and prenatal life.

The court acknowledged that forcing women to continue their pregnancy against their will may create several risks associated with physical and mental health, financial burdens, and social stigma.

Following a series of examinations, the court ruled that an unborn child has "never been recognized in the law as a person in the whole sense." However, it also noted that the constitution pledges to protect all who are "born or naturalized" in the United States.

The court said that Texas might override the rights of a pregnant woman by criminalizing abortion:

"We do not agree that, by adopting one theory of life, Texas may override the rights of the pregnant woman that are at stake."

However, the court explained that privacy rights do not stop the state from placing restrictions on abortion. Hence, it created a framework and attempted to balance women's privacy rights with the interests of the state.

The court then divided the pregnancy into three 12-week trimesters to avoid conflict among the rights of pregnant women with the rights of the state to protect potential human life.

It ruled that the state cannot provide any regulation on abortion during a pregnant woman's first trimester unless they require the procedure to be performed by a licensed doctor in medically safe conditions.

The court further held that the state may regulate abortion during a woman's second trimester if the regulations are reasonably related to the health of the pregnant individual.

It then mentioned that the state can prevent abortions during the third trimester. This is apparently because the interest of protecting a potential human life outweighs the woman's right to privacy unless an abortion is required to save the mother's life.

While several people believe that the Roe vs Wade case "legalized abortion," the significance of the lawsuit lies in the way it has changed how states can regulate abortion. It also characterized the procedure as a process that was covered under the Constitutional Rights of Privacy.

Reports suggest that the Roe vs Wade case did not have a significant impact on the number of abortions performed in the U.S. every year.

However, the Guttmacher Institute noted that nearly one million abortions that were performed illegally in the U.S. before the Roe vs Wade case became legal in nature following the case. It also stated that the rate of deaths occurring due to abortions drastically dropped following the case.

According to FindLaw, the court ultimately ruled that the "judicial interpretation of the constitution is that abortion is legal" in the Roe vs Wade case.

However, several anti-abortion individuals have since proposed stricter abortion laws. Although opponents could not ban the procedure altogether, they managed to place certain limitations on abortions.

Many states have restricted abortions in circumstances pertaining to certain parental notification requirements, restrictions on late-term abortions, and mandatory disclosure of abortion risk information.

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Exploring the possible consequences of Roe vs Wade overturn

The Roe Vs Wade overturn can end the legalization of abortion (Image via Anna Moneymaker/Getty Images)

A new set of documents recently surfaced publicly showing that the U.S. Supreme Court is likely to overturn the monumental 1973 Roe vs Wade decision.

An initial draft published by Politico showed that the majority of the court has allegedly voted to strike down Roe vs Wade. However, the draft decision is yet to be officially confirmed.

The U.S. Supreme Court’s decision was also been widely anticipated in the Dobbs vs Jackson Women’s Health Organization suit, a case challenging Mississippi’s 15-week ban against abortions.

In December, Mississippi’s attorney general appeared in court for initial arguments. They asked to either undo Roe vs Wade or modify the ruling so that there are no constitutional protections around an abortion before fetal viability, approximately around 24 weeks of pregnancy.

If Roe is undone in reality, each state would be able to decide the legality of abortion on their own. Reports suggest that nearly 26 states are expected to ban or restrict abortions if Roe vs Wade is overturned.

Several clinics in neighboring states have reportedly started preparing for an influx of patients from states that will limit access to abortion.

According to the Guttmacher Institute, 12 states already have "trigger laws" or bans that have been created to take effect if the decision is ever overturned. As per Healthline, eight states have alleged unenforceable pre-Roe vs Wade bans in place that could also go back into effect.

Nine states have restrictions that are currently deemed unconstitutional but could go into effect without the Roe vs Wade protection. 11 more states have six-week bans that are currently not in effect, but one particular state, Texas, has a six-week ban in effect.

However, 14 states currently have laws that would protect the right to abortion. Other states like Vermont are also reportedly considering doing the same.

California is also reportedly reviewing ways in which it can support and cover costs for out-of-state residents who come to the state to undergo an abortion.

Following the latest news on the Roe vs Wade draft, Chief Justice John Roberts dubbed the release of the documents a “betrayal” but clarified that the decision was not final:

"Although the document described in yesterday’s reports is authentic, it does not represent a decision by the Court or the final position of any member on the issues in the case.

Ultimately, if the Roe vs Wade decision is overturned or undone, 26 states will likely ban or severely restrict abortions. Meanwhile, other states are already considering ways to protect the right to abortion.

An official decision on the ongoing case is expected to arrive by June or July 2022.