EDITORIAL: Why Roe V. Wade Should Not Be Overturned
November 27, 2020
The Supreme Court Case Roe v. Wade has faced controversy ever since the release of the verdict. With the recent confirmation of Amy Coney Barrett and the Supreme Court bench becoming majority conservative, this case risks getting overturned. Overturning this case would breach a woman’s right to privacy and choice as well as ignoring the separation of church and state.
To understand the significance of Roe v. Wade, one first needs to know the background of it. The case originated in 1969 when Norma McCorvey, whose name appeared as Jane Roe in court documents, wanted to terminate an unwanted pregnancy due to her impoverished conditions. At the time, Texas only leagalized abortions when it would save a woman’s life. Due to her poor conditions, McCorvey did not have the financial means to pursue illegal abortion as an option. When McCorvey’s case reached a Texas district court in 1970, the court declared Texas’s abortion ban unconstitutional because it violated the right to privacy. The case, later appealed to the Supreme Court in 1972, legalized the procedure seven-two. The court justified the decision by stating that the 14th Amendment implicitly provides the right to privacy. With that, the Court divided pregnancies into three trimesters, legalizing all abortions in the first trimester, regulating abortions in the second and prohibiting abortions in the third trimester, unless the mother and fetus face life-threatening situations.
Overturning Roe v. Wade would restrict access to abortions which oftentimes are necessary medical procedures to respond to life-threatening situations for both the mother and the fetus. Women have multiple reasons to pursue abortions. Some face a traumatic rape experience that makes it hard for them to raise a child without facing that trauma all over again, while others do not have the financial resources to give the child the best care. Many also do not have trust in the overcrowded foster care system that many children face abuse in. The foster care system needs improvement, for if it became a safer option for children, women would feel more comfortable considering putting up a child for adoption.
Aside from the necessity to access to abortions, this Supreme Court case establishes the right to privacy for women. The legality of abortion does not make them mandatory, it just gives women the choice to consider it as an option.
Many argue against Roe v. Wade for religious reasons; they believe undergoing the procedure goes against God’s will. However, our government’s principle of separation of church and state makes this argument invalid. Overturning this case would force religious stances on Americans that may not share the same beliefs. In addition, questions remain as to why many opposers of abotion do not advocate for the removal of the death penalty. While fighting for an unborn child’s inalienable right to life, some ignore an adult’s unalienable right to life because of their criminal history instead of advocating for life in prison.
In short, Roe v. Wade provides women with the choice of what they want to do with their bodies with minimal government interference. Whether a doctor has told them they need an abortion because of a risky situation and they choose to continue their pregnancy hoping for the best, or a woman realizes she does not have the proper stability to provide her child with a good life and pursues an abortion, the most important thing stays that these women have the opportunity to weigh their options and decide themselves.