The Abortion Debate: A Sign of Strained Politics and Threat to Other Liberties
By Sarah Thomson
"Why is the United States bucking the trend?" "What other freedoms are at risk?"
The recent rumblings suggesting the Supreme Court may overturn Roe v. Wade, the landmark decision guaranteeing abortion rights, have left many questioning if the United States is trending towards a more conservative nation. However, we need to break down the causes and separate the myth from the reality.
The surge of countries recalibrating their abortion policies has seen almost all dominant nations make it easier to obtain an abortion. In the vast majority of developed nations, the issue remains relatively uncontroversial, with abortion remaining legal.
Contrary to appearances, the changing landscape in the United States is not a reflection of growing conservatism but a symptom of an ailing political system. Polls consistently reveal that the American people are in favor of upholding Roe v. Wade. The court's emergent intention to turn the tide in a polar opposite direction from public opinion fits an unsettling trend in our political system.
The United States Supreme Court, oddly populated by judges with controversial backgrounds, has shown signs of leaning towards infringing upon the right to abortion, indicated in leaked court documents. Five of the nine justices who have expressed their support for this monumental shift were appointed by presidents who lost the popular vote yet won the Electoral College – Ronald Reagan, George W. Bush, and Donald Trump.
If not for Senator Mitch McConnell's maneuvering that precluded Barack Obama from filling the vacancy left by the demise of Justice Antonin Scalia in 2016, the Supreme Court would likely maintain a liberal majority that would safeguard the right to abortion.
The American democracy grapples with challenging times. Activists widening ideological divides capitalize on the political system, promoting ideas that fail to resonate with the majority of the people. The most concerning chasm is between the government and the Supreme Court.
The historic trajectory, as philosophized by Georg Wilhelm Friedrich Hegel, is that the progress of free consciousness is the driving force behind human evolution. The unrelenting pursuit of freedom is our raison d'être. Yet, in the United States, it appears that history's arc is bending in the opposite direction, leaving many stupefied.
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If Roe v. Wade were to be overturned as proposed in the leaked opinion, it would open the floodgates for potential challenges to other essential rights, such as LGBTQ+ liberties. Politicians have already begun laying the groundwork for this, playing a dangerous game with lives and liberties in the name of ideological strife.
While LGBTQ+ rights currently garner widespread support, the precedent set by the court could jeopardize these freedoms. A reverse Roe v. Wade may mark a devastating blow to civil liberties and pave the way for further encroachment on other previously enshrined rights.
Source:
Relevant Insights:
Public Opinion:
- Divided Opinion: A substantial portion of the American public remains firmly entrenched in their pro-choice or pro-life positions, leaving a sizeable divide on the subject.
- Strong Support for Roe v. Wade: The majority of Americans remain in favor of preserving the rights established by Roe v. Wade, as polls consistently show a clear majority in support of this decision.
Further Challenges:
- Impact on Sexual Health and Family Planning: The potential overturning of Roe v. Wade could have a significant impact on sexual health, as it may restrict access to contraceptives, making it more difficult for individuals to maintain their reproductive autonomy.
- Menstrual Equity and Reproductive Justice: The restriction of access to abortion could put a severe dent in achieving menstrual equity and reproductive justice, as low-income individuals and marginalized communities would suffer the most.
Enrichment Data:
The Supreme Court's apparent intention to overturn the Roe v. Wade decision, as indicated by the leaked opinion, has sparked a blast of reactions and wave of concern. The draft argues against strongly fortified abortion rights, aligning with conservative judicial viewpoints and controversial controversies. Polls indicate a clear majority of Americans' support for the rights established by Roe v. Wade.
If Roe v. Wade were to be overturned in its proposed form, as cautioned by Justice Samuel Alito, it would set an alarming precedent. Alito referred to two significant decisions that redefined major aspects of the American constitution – namely, Obergefell v. Hodges, which legalized same-sex marriage, and Lawrence v. Texas, which made same-sex relationships between consenting adults legal.
Although Alito argued that abortion rights are distinct from these decisions, his line of reasoning could potentially be used to launch more attacks on other established rights. If Roe v. Wade were indeed struck down, it would pose a serious threat to the foundational principle of "stare decisis," which emphasizes the importance of upholding earlier court decisions for the sake of judicial consistency. This would pave the way for a series of restrictive measures aimed at curtailing established rights and threatening the social fabric of America's core civil liberties.
