When a draft copy of an upcoming Supreme Court decision that appeared to overturn Roe v. Wade was leaked, it set off a firestorm of controversy. Concerns were raised over what this would mean not only for the hundreds of thousands of women who seek abortions each year but also for court decisions (same sex marriage, access to contraceptives, privacy laws) that were predicated on the Roe v. Wade ruling. Pam Fiber-Ostrow, a Cal State Fullerton professor of political science , described the implications of overturning Roe v. Wade in a recent panel discussion on campus that focused on the 2022 U.S. Supreme Court and the groundbreaking legal issues they will be addressing. What has happened in the almost 50 years since Roe v. Wade legalized abortion? When Roe v. Wade legalized abortion in 1973, it was based on the 14th Amendment’s concept of personal liberty and restrictions upon state action. It was broad enough to encompass a woman’s decision whether or not to terminate her pregnancy. There were also significant provisions related to privacy between a pregnant woman and her physician as well as other privacy implications. But the cases we really should be looking at are more recent: Dobbs v. Jackson Women’s Health Organization (2022) and Planned Parenthood v. Casey (1992). The Dobbs case is what the Supreme Court is using to strike down Roe v. Wade. In Dobbs, it is very likely that abortions could take place up to 15 weeks. After that they would only […]
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