FSS 1 - Research Essay (Sample)

US REPEALING ROE V.
WADE- A SIGNIFICANT THREAT TO

HUMANITY?
ABSTRACT
The current ongoing arguments about the abortion laws in the US is of major concerns for the
world and human rights, looking at how the state recommends overturning of Roe v. Wade,
since affects the society as a whole as to when women are deprived of their rights, it might
result into changes in the social structure. Thus, this research aims at finding how it affects
the society and considering important factors which form the basis of the state’s arguments. I
intend reflecting upon the consequences of the changing of such statute. Putting forward
hypothesis on the topic based on the balanced arguments. It focuses on the impacts of this
legislation.
INTRODUCTION
Abortion, a deliberate termination of a human pregnancy, has had a long history in the US.
The supreme court of the US had decriminalised abortion in Roe v. Wade and Planned
Parenthood v. Casey, holding that 14th amendment protected a woman’s right to privacy
which encompasses a woman’s decision to her body and reproductive health. But such right
was not absolute and was limited by state’s legitimate interest to protect it. 1 Recently the US
supreme court had decided in Dobbs v. Jackson Women’s Health Organization 2 on June 24,
2022 that the constitution does not confer a right to abortion and the above mentioned cases
laws were overturned. Abortion within 30 days is now prohibited. This has turned out to have
some catastrophic impact across the democracy.
POLITICAL STANCE
There has been immense contradiction to the supreme court ruling. A majority of the US
public disapprove the Supreme Court’s decision to overturn Roe v. Wade, about 6 in 10
adults disapprove of the court’s decision that the US constitution does not guarantee a right to
abortion while the support they say that abortion should be legal in all or most cases. While
Republicans and Democrats view on the legality of abortion have long differed, the 46
percentage point partisan gap today is considerably larger than it was in the recent past. 3
1
ROE V. WADE, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147, 1973 U.S. LEXIS 159 (U.S. JANUARY 22,
1973)
2
DOBBS V. JACKSON WOMEN'S HEALTH ORG., 142 S. Ct. 2228, 213 L. Ed. 2d 545, 2022 U.S. LEXIS
3057, 29 FLA. L. WEEKLY FED. S 486, 2022 WL 2276808 (U.S. JUNE 24, 2022)
3
CARRIE BLAZINA, “key facts about the abortion debate in America”, PEW RESEARCH CENTRE,
https://www.pewresearch.org/fact-tank/2022/07/15/key-facts-about-the-abortion-debate-in-
america/
Conservative politicians who have been railing against abortion rights for a lot of time will
not let this off easily and take it as a political issue. 4 There will likely be far more aggressive
enforcement of the prohibitions of the abortions prior to 1973. After the US Supreme Court
repealed a woman's right to abortion, Wisconsin’s 1849 law back bans the procedure except
when mother's life is at risk became newly relevant. While some support reinforcing the
exception for mother's life and adding protection for instance is involving rape and incest,
Some believe that the law should stay as it is, without exceptions for rape and incest creating
a division over where the republican party should stand. 5
IMPACT OF CHANGE IN ABORTION LAWS

As the dissent in Dobbs underscore, women have had to claw their way to have secure
constitutional inclusion for even the most minimal of the rights. 6 The court has overtly
ignored the fact that its decision immediately wrought enormous trauma to women’s lives.
They believe that such trigger laws have made them politically powerless to take care of their
own health. Secondly, the health care providers are struggling to understand whether and how
to treat women with life- endangering health care situations. It has put into question the status
of women as citizens in a democracy which is now being undermined. The court's argument
dispenses the idea that women have liberty interests in their own body but empowers the state
to take decisions on behalf of them.
Because of overturning Roe versus wade the issue of gender violence has taken over. Sexual
assault can lead to unwanted pregnancy 7 and forcing them to give birth in these
circumstances can be traumatising for the victim and denies them autonomy and the choice of
what happens to their body. Secondly, crime of foetus killing will increase. There has been an
increase in cases where there has been presumed harm to the fetus. Lastly, there is a health
risks to pregnant people experiencing miscarriage or ectopic pregnancy. Miscarriage requires
abortion pills to be taken in order to clear the matter in the body, if these medicines are not
supplied the health of the pregnant woman is then at risk.
Further, it is a huge blow to women's rights and gender equality. access to safe, legal and
effective abortion is firmly rooted in international human rights law and is at core of the
women's autonomy and ability to make their own choices about their bodies and lives, free of
discrimination, violence and coercion. this decision strips such autonomy from millions of
women in the US and is detrimental to their fundamental rights.
4
ERWIN CHEMERINSKY, “abortion is about to dominate American politics like never before”, TIME,
https://time.com/6191444/abortion-dominate-politics/
5
HANNAH, BAUER, “post roe differences in GOP over new abortion rules”
6
DUIGNAN, BRIAN. "Dobbs v. Jackson Women’s Health Organization". ENCYCLOPEDIA BRITANNICA, 5
AUG. 2022, https://www.britannica.com/topic/Dobbs-v-Jackson-Womens-Health-Organization.
7
ORRELL, BRENT. Life After Roe: Supporting Women and Families Facing Unexpected
Pregnancies. AMERICAN ENTERPRISE INSTITUTE, 2022. JSTOR
http://www.jstor.org/stable/resrep42743.
There is also a possibility that this reaffirmation may affect the US national security. 8 Since
women are crucial part of defence bodies, a no abortion policy will lead to increase on the
cost on health care childcare and education costs. The most important effect would be force
readiness and national security. There has to be and expansion in training and education and
relevant policies like contraceptive counselling and reproductive health knowledge, all these
will have to be taken into consideration by defence authorities.
CONCLUSION
Roe v. Wade held two most important legal arguments of right to privacy of women giving
them a right to abortion as a constitutional right. The second argument was freedom to
personally liberty, holding that every women should have autonomy to her body. I think this
should be the important issue that the court should have looked into. But now that Dobbs is
into implementation the government needs more reforms in the current policy this will
require the state to bring thoughtful solutions requiring states to pay attention to financial
subsidies, health programmes and human rights to be protected with well integrated and
affordable mechanisms. they should support underprivileged families, since the abortion laws
are reversed the population of children is going to increase and hence require public
institutions to support th
8
HUNTER, KYLEANNE M., et al. How the Dobbs Decision Could Affect U.S. National Security.
RAND CORPORATION, 2022. JSTOR, http://www.jstor.org/stable/resrep43018.

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US REPEALING ROE V.

WADE- A SIGNIFICANT THREAT TO

IMPACT OF CHANGE IN ABORTION LAWS

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