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    what all does roe v wade protect besides abortion

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    Roe v. Wade

    The landmark U.S. Supreme Court ruling recognizing the right to abortion.

    Roe v. Wade

    The landmark U.S. Supreme Court ruling recognizing the right to abortion.

    In 1973, the U.S. Supreme Court’s ruling in Roe v. Wade recognized that the decision whether to continue or end a pregnancy belongs to the individual, not the government. Roe held that the specific guarantee of “liberty” in the Fourteenth Amendment of the U.S. Constitution, which protects individual privacy, includes the right to abortion prior to fetal viability.

    Since Roe, the Supreme Court has repeatedly reaffirmed that the Constitution protects for abortion as an essential liberty, which is tied to other liberty rights to make personal decisions about family, relationships, and bodily autonomy.

    Abortion Rights at Risk Throughout the United States

    Defending the right to abortion at the U.S. Supreme Court.

    Dobbs v. Jackson Women’s Health Organization link

    Dobbs v. Jackson Women’s Health Organization

    The Court is expected to issue its ruling in this consequential abortion rights case by the end of its term in June 2022.

    Despite nearly half century of precedent affirming the constitutional right to abortion, abortion rights are more at risk than ever. Before the end of its current term, likely in late June 2022, the Supreme Court will rule on a challenge to a Mississippi pre-viability abortion ban that directly violates Roe v. Wade’s core holding. In the case, Dobbs v. Jackson Women’s Health Organization (brought by the Center on behalf of abortion providers in the state), Mississippi has asked the Supreme Court to not only uphold its 15-week abortion ban—but also to overturn Roe and hold there is no right to abortion in the Constitution. (Read more on the case here.)

    In addition, in another challenge brought by the Center and partners, the Supreme Court has refused to block Texas law S.B. 8, which bans abortion after approximately six weeks of pregnancy using a “vigilante scheme” that incentivizes private individuals to bring costly and harassing lawsuits against anyone who provides or helps someone get abortion care in the state. The law has ended most abortion access in Texas and is a preview of what would happen on a much larger scale if Roe falls. (Read more about the case, Whole Woman’s Health v. Jackson, here.)

    The Landmark Ruling in Roe v. Wade

    Summary

    In its 1973 decision Roe v. Wade, the Supreme Court recognized that the right to liberty in the Constitution, which protects personal privacy, includes the right to decide whether to continue a pregnancy. For the first time, Roe placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and freedom of religion, by conferring it the highest degree of constitutional protection, known as “strict scrutiny.”

    The Supreme Court required the state to justify any interference with the right to access abortion by showing that it had a “compelling interest,” and held that no interest was compelling enough to ban abortion before viability.  After the point of viability, the state could ban abortion or take other steps to promote its interest in protecting the fetus. Even after that point, however, abortion must be permitted to protect a patient’s life and health.

    In recognizing the right to abortion, Roe was consistent with earlier Supreme Court rulings recognizing a right of privacy that protects intimate and personal decisions—including those affecting child-rearing, marriage, procreation, and the use of contraception—from governmental interference. By guaranteeing the right to make decisions in pregnancy, Roe was critical to advancing gender equality in educational, economic, and political spheres.

    At the time Roe was decided in 1973, nearly all states banned abortion, except in certain limited circumstances. Criminal abortion bans contributed to the death of scores of people who were unable to access safe, legal abortion. Under Roe, these bans were unconstitutional, making abortion legal, more accessible, and safer for many pregnant people throughout the country.

    While Roe’s legal implications were enormous, even Roe could not make access a reality for everyone, and low-income people, people of color, young people, and others continued to face obstacles to abortion care.

    The Case in Depth: Roe v. Wade, 410 U.S. 113 (1973) 

    Read more about the Center’s work.

    Protecting and Advancing Abortion Rights link

    Protecting and Advancing Abortion Rights

    Holding: 7–2 decision invalidating a Texas law that prohibited abortions except when necessary to save the life of the mother. The Supreme Court recognized that the right to decide whether to continue a pregnancy comes within the constitutional protection that the liberty clause in the 14th Amendment affords to privacy.

    Majority: Blackmun, Burger, Douglas, Brennan, Stewart, Marshall, and Powell

    Writing for the majority, Justice Blackmun described the right of personal privacy as fundamental, which meant that the most searching legal test would apply to restrictions.  He concluded that the right “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” At the same time, the Supreme Court rejected arguments that favored “personhood” for fetuses.

    Dissent: White and Rehnquist

    Justice Rehnquist expressed his “difficulty in concluding . . . that the right of ‘privacy’ [was] involved in this case,” and argued that the rational basis test “traditionally applied in the area of social and economic legislation” was the more appropriate standard.  Justice White argued for fetal personhood and accused the majority of an exercise of “raw judicial power.”

    Source : reproductiverights.org

    Live Updates: Abortion Fight Shifts to New Battlegrounds

    The 1973 decision said states could not ban abortions before fetal viability, the point at which the fetus can survive outside the womb.

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    Source : www.nytimes.com

    The Roe v. Wade abortion decision, explained

    Roe v. Wade is now overruled. Are access to contraception, same-sex marriage, and even the right to choose your own sex partners next?

    The end of Roe v. Wade, explained

    Roe v. Wade is now overruled. Are access to contraception, same-sex marriage, and even the right to choose your own sex partners next?

    By Ian Millhiser Jun 24, 2022, 1:50pm EDT

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    Abortion rights protesters demonstrate in front of the Supreme Court after the Court announced a ruling on June 24 overturning Roe v. Wade. Nathan Howard/Getty Images

    Roe v. Wade is overruled. The Republican Party, which achieved a generational victory when it captured a supermajority of the Supreme Court’s seats under former President Donald Trump, has now capitalized on that victory to achieve one of its longtime political goals. The half-century when American constitutional law protected a right to an abortion is now over.

    Justice Samuel Alito’s majority opinion in Dobbs v. Jackson Women’s Health Organization is substantially similar to a leaked early draft of that opinion, which was published by Politico in early May. Alito’s opinion was joined by the Court’s four most conservative members. Chief Justice John Roberts, a conservative who often takes a more incrementalist approach than Alito, wrote a separate opinion arguing that the Court should limit but not yet overrule Roe.

    Alito’s final opinion doesn’t just allow Mississippi to enact the 15-week abortion ban at issue in Dobbs — a ban that violated Planned Parenthood v. Casey, a 1992 opinion that weakened Roe while retaining the constitutional right to an abortion up to the point of “viability.” Alito’s opinion goes further, and concludes that Roe and Casey “must be overruled.” It is written in Alito’s characteristically snide tone, repeatedly referring to abortion providers by the pejorative term “abortionists.” And it rests on a conservative theory that limits which rights are protected by the Constitution.

    “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision,” Alito writes.

    According to Alito, if a right isn’t explicitly mentioned in the Constitution, it must be “‘deeply rooted in this Nation’s history and tradition’ and ‘implicit in the concept of ordered liberty’” to qualify for constitutional protection. He then spends many pages of his opinion arguing that the right to an abortion is not rooted in legal history or tradition.

    Much of Alito’s account of this history is dubious. The Roe opinion itself argued that, under English “common law,” which still forms the basis for much of US law, “abortion performed before ‘quickening’ — the first recognizable movement of the fetus in utero, appearing usually from the 16th to the 18th week of pregnancy — was not an indictable offense.” And there is considerable historical evidence that a right to pre-quickening abortions is, indeed, firmly rooted in US legal history and tradition.

    Ultimately, however, Alito’s opinion is less a triumph of one theory of history over another, than it is the triumph of one political party over another. Roe was overruled because Republicans appointed six justices and Democrats appointed only three. This outcome became inevitable the minute Justice Ruth Bader Ginsburg died in the final weeks of a Republican presidency.

    So what happens now? The immediate impact is that the many state laws that already ban abortion — either outright or very early in a pregnancy — will quickly take effect. Many clinics in the states with the most rigid laws suspended abortion procedures as soon as the Dobbs opinion came down.

    Anti-abortion activists celebrate Roe v. Wade being overruled on June 24 outside the Supreme Court. Jacquelyn Martin/AP

    There’s also an open question about whether other rights, such as the right to same-sex marriage or the right to contraception, are in danger. Many of the Court’s decisions protecting a right to sexual, romantic, or bodily autonomy rely on similar reasoning to Roe. And Alito’s reasoning in the Dobbs opinion closely tracks reasoning he once used to argue that same-sex marriage is not rooted in American legal history and tradition. In other words, the logic Alito uses in Dobbs could be used to target other rights.

    That said, Alito’s Dobbs opinion does contain language denying that overruling Roe necessarily means the demise of other, still-existing freedoms. Alito declares abortion to be a “unique act” because it “terminates ‘life or potential life.’” That distinguishes the now-defunct constitutional right to abortion from, say, the right to marry a person of the same sex.

    This is one of the largest changes from the leaked opinion in May, which did contain some language suggesting that the Dobbs opinion is limited to abortion, but not nearly as much as the final version. That suggests that at least one of the justices who joined Alito’s opinions might have reckoned with the earlier draft’s sweeping repercussions and pushed for a slightly less aggressive opinion.

    Source : www.vox.com

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