What’s Going on with Roe V. Wade?

If you’re confused about the current state of reproductive health in America, you’re not alone. In the last year, we’ve seen all kinds of twists and turns, with hundreds of headlines to sort through. So, what’s up with Roe V. Wade, and where do we go from here?

To demystify Roe V. Wade, here’s a quick scoop on the basics:

What is it?

Roe V. Wade is a monumental Supreme Court case from 1973, which made a ruling on abortion rights and, ultimately, reproductive justice. In this case, the Supreme Court ruled that the right to privacy, protecting intimate and personal decisions, would be extended to whether or not someone would continue a pregnancy.

An essential aspect of the justices’ 1973 decision is that they acknowledged that people should have the right to make decisions about a pregnancy, which was critical in advancing gender equity in society.

Roe v. Wade didn’t technically make abortion “legal” in every sense of the word. Like most Supreme Court cases, it’s more complicated than a simple blanket statement. There was enough wiggle room in the specific clauses of the Supreme Court decision for states to limit access to abortion as much as possible. That’s why reproductive health advocates and activists have been super active since 1973 when Roe v. Wade was decided.

So, what happened?

Now that we’ve cleared up exactly what Roe v. Wade is, it’s time to tackle what has happened to it.

2023 is the 50th anniversary of the original court decision. And despite the nearly half a decade that Roe v. Wade was in effect, it was never enshrined into federal law, leaving it vulnerable to be overturned. That became a reality on June 24, 2022 through the decision made in another court case, Dobbs v. Jackson Women’s Health Organization (JWHO).

So, what does that mean for Roe v. Wade’s goal to “protect privacy” and give people access to safe abortions?

Because the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (JWHO) to favor Mississippi’s attempt to ban abortion after 15 weeks, now any state can decide how to regulate abortion without the parameters set by the previous Roe v. Wade decision.

Notably, the protections in Roe v. Wade for a pregnant person’s physical and mental health, financial well-being, and social standing no longer exist.

What this means for the future of reproductive health.

Safe abortions are a key part of reproductive health, along with many aspects of reproductive health for uterus-owners, like contraceptives, medications, and life-saving procedures. Roe v. Wade is just one of the many court cases that paved the way for greater access to reproductive health resources.

The impact of overturning Roe v. Wade could spell out the same for other key court cases, like the 1965 Griswold v. Connecticut, which protects access to contraceptive care.

Although 68% of Americans believe in legalizing abortion, it is possible that at least 26 states will enact total or near-total bans on abortion in the wake of Roe v. Wade’s overturn, along with other limitations on reproductive healthcare. Of those twenty-six states, thirteen have trigger laws that were designed to automatically outlaw abortions at the overturn of Roe v. Wade.

All in all, over 40 million people will be impacted by the overturn of Roe v. Wade. For communities that already face discriminatory obstacles to accessing equitable healthcare, this most recent Supreme Court decision will make it even more difficult for members of the LGBTQ+ community, young people, people in rural communities, and undocumented people to get the reproductive care they need.

The overturn of Roe v. Wade sparked a nationwide (if not worldwide) conversation about reproductive health, especially among young people. A once taboo topic like abortion is now being talked about more openly, with more diverse resources becoming available. And reproductive health is now part of a national conversation about gender, race, and income equality.

Simply put, what’s going on with Roe v. Wade could happen to many other court cases that shape the freedoms that shape everyday life. Many people are concerned that the fundamental rights we have in America could be stripped away case by case, which is a very real fear. What has happened with Roe v. Wade is a strong reminder that nothing is ever guaranteed, including the rights and freedoms we have. That’s why it’s so important that our advocacy extends to how we vote and the career path we choose.

The future of reproductive health in America is still so uncertain. We hope this guide provides the information you need to start doing your own research and advocacy, and take action on the issues that matter most to you!