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How Overturning Roe vs. Wade Could Impact Civil Rights

July 6, 2022

On May 2nd, a draft of the decision regarding the Dobbs vs. Jackson abortion case was leaked to the press. If the decision is finalized, it could overturn the Roe vs. Wade case that made abortion illegal in the United States. The overturn will have far-reaching consequences for civil rights in the state, which are still being examined.

While the decision will be finalized in June, experts believe that the conservative Supreme Court may target LGBTQ+ rights regarding contraception access.

What is Roe vs. Wade?

To understand the implications the overturned case could have, we need to discuss the case that made abortion rights a hot topic in the US, i.e., Roe vs. Wade. Jane Roe was an unmarried and pregnant woman who filed a lawsuit for herself and others challenging Texas abortion laws. A doctor arrested for violating the statute also joined the lawsuit stating that abortion laws were too confusing for medical practitioners to follow accurately. 

The Supreme Court made the following decisions on the case:

  • Individuals have a fundamental right to privacy under the US Constitution which protects their right to determine if they wish to have an abortion.

  • The abortion right has to be balanced against the government's interests regarding its duty to protect prenatal life and health. 

The case highlighted whether Americans had the right to determine how they wished to live their lives. Abortion rights became personal matters that the state did not have the right to interfere with unless there were extenuating circumstances.

What May Happen If Roe vs. Wade Is Overturned?

If the decision is overturned, it will set the wrong example that anti-rights and certain government groups can pounce on. With time, they can use the decision to deny the rights of girls, women, and other individuals who can get pregnant. 

However, scholars and advocates claim that the major issue is that once the draft is finalized, it may be used to violate the rights of the LGBTQ+ community about marriage and sexual relations. A leaked memo from the National Senatorial Committee stated that political position should be based on reason and compassion since Republicans don’t want to ‘throw doctors and women in jail.’ However, a law based on a statewide abortion ban was also floated by Congress members. 

If the Supreme Court overturns Roe vs. Wade, abortion pills via telehealth subscription may be delivered via mail as a form of legislative warfare. The nation will be divided, with democratic states being pro-right and Republican states being pro-life. The former may also experience an influx of patients seeking legal abortions because their home states don’t allow it.

Contact The Law Office Of Michael T. Smith For A Consultation Today!

Abortion is legal in Illinois. If a hospital or a partner denies your abortion rights, your civil rights are violated. Contact the Chicago civil rights attorney at The Law Office of Michael T. Smith for a consultation today. We can create a solid case to protect your rights and ensure your voice is heard. We have helped countless clients like you get justice and can help you as well.