Abortion should be protected by the constitution

By Hailey Cartagena ’26

Roe v. Wade legalized abortion in the US in 1973 as a federal constitutional right. “In Roe v. Wade, the Supreme Court decided that the right to privacy implied in the 14th Amendment protected abortion as a fundamental right” (BC). Norma McCorvey, more known as Jane Roe, was a pregnant woman in Texas in the early 1970s who began a class action lawsuit that challenged the constitutionality of the Texas criminal abortion laws. At the time, abortion was only allowed to save the mother’s life. Jane Roe utilized the due process clause of the 14th Amendment, which prohibits the infringement upon a citizen’s liberties through legislation, as evidence for her case. However, Roe v. Wade did not fully protect abortion; it stated that women had a right to abortion but did not protect women’s access to abortion (“Roe v. Wade Overturned: How the Supreme Court Let Politicians Outlaw Abortion”).

 After the overturning of Roe v. Wade, states made their official laws concerning abortion. Comparing a map of the most recent 2020 election of Biden vs. Trump with the most recent abortion laws, it’s clear that the Republican states are pro-life. Pro-life means that they are anti-abortion. However, the Democratic states are pro-choice, meaning that women have a choice to have abortions. Pro-choice is a movement led by Planned Parenthood, a non-profit organization that provides reproductive and sexual healthcare. Using these maps, I can assume that most Republicans do not support abortion, while most left-sided citizens do.

(Frey)

(Guttmacher Institute)

Most southern states have fully banned abortion, especially Texas. Ever since Roe v. Wade was overturned, Texas has created harsh abortion laws. Since the state can make its laws on abortion, Texas has added criminal and civil penalties to abortion. Section 170A.004 of the Texas Health and Safety Code makes performing an abortion a first or second-degree felony. Section 170A.005 of the Texas Health & Safety Code states that anyone who provides or attempts an abortion is fined at least $100,000. In the Texas Health & Safety Code, it is also stated that the license of any healthcare professional who performs or attempts an abortion may be taken away. Thirteen states have abortion trigger laws: “Trigger laws are laws that are passed by the legislative body but only going to effect once a certain thing happens that specific event will trigger it into becoming enforceable law” (“General Information – Abortion Laws – Guides at Texas State Law Library”). These laws are to take place with the activation of the trigger law, meaning these laws became enacted with the overturning of Roe v. Wade.

Not only should abortion be a constitutional right, but banning abortion will lead to negative effects on women’s health. In many instances, abortions are used to prevent the deaths of women, such as geriatric pregnancies, in which a woman is 35 or older and is pregnant. Research has shown that this age group is most affected by the overturning of Roe v. Wade. Middle-aged women are more prone to have spontaneous abortion, fetal death or stillbirth, and ectopic pregnancy. Having an abortion would prevent most of the pregnancies that can harm the mother. “The consequences of miscarriage later in pregnancy, in the absence of access to abortion, may prevent women from obtaining necessary care to ensure their best mental and physical health. As well, lack of access to abortion may force a woman to carry a dead fetus longer than necessary, because the procedure for treatment for miscarriage and abortion are the same” (Berg).

As I stated before, abortion should be protected by the Constitution. These laws in Texas that could be applied in every state will only weaken women’s health. To take charge of helping women’s health, here are some ways you can help. Donating to independent abortion clinics can help greatly as “small, community-based clinics provide the majority of abortion care in the U.S. and are more likely to be located in states hostile to abortion rights” (Center for Reproductive Rights). You can donate at https://keepourclinics.org/. There are also two acts; The Women’s Health Protection Act (WHPA) and The Ensuring Women’s Right to Reproductive Freedom Act of 2022 (H.R. 8297), that have been passed through the House but not yet passed by the Senate. “The Women’s Health Protection Act (WHPA) would protect the right to access abortion in every state, despite the Supreme Court’s ruling overturning Roe. The Ensuring Women’s Right to Reproductive Freedom Act of 2022 (H.R. 8297) would protect the right to travel to access abortion care across state lines” (Center for Reproductive Rights). Contacting your senators to urge them to support these bills will help apply pressure on the Senate.

Works Cited

“After Roe Fell: Abortion Laws by State.” Center for Reproductive Rights, https://reproductiverights.org/maps/abortion-laws-by-state/. Accessed 8 May 2024.

BC. “Roe v. Wade and Supreme Court Abortion Cases.” Brennan Center for Justice, 28 September 2022, https://www.brennancenter.org/our-work/research-reports/roe-v-wade-and-supreme-court-abortion-cases?fbclid=. Accessed 14 May 2024.

Berg, Judith A. “Overturning Roe v. Wade: consequences for midlife women’s health and well-being.” National Library of Medicine, 2023. Accessed 29 April 2024.

Center for Reproductive Rights. “Top 7 Things You Can Do Right Now for U.S. Abortion Rights.” Center for Reproductive Rights, https://reproductiverights.org/top-7-things-you-can-do-for-us-abortion-rights/. Accessed 16 May 2024.

“ERA and Abortion Talking Points | The Center for Gender and Sexuality Law.” The Center for Gender and Sexuality Law, 3 May 2022, https://gender-sexuality.law.columbia.edu/content/era-and-abortion-talking-points. Accessed 8 May 2024.

Frey, William H. “2020 United States presidential election.” Wikipedia, https://en.wikipedia.org/wiki/2020_United_States_presidential_election. Accessed 20 May 2024.

“General Information – Abortion Laws – Guides at Texas State Law Library.” Texas State Law Library, https://guides.sll.texas.gov/abortion-laws/general-information. Accessed 8 May 2024.

Guttmacher Institute. “Interactive Map: US Abortion Policies and Access After Roe.” Guttmacher Institute, https://states.guttmacher.org/policies/. Accessed 20 May 2024.

MU. “Abortion – MU School of Medicine.” University of Missouri School of Medicine, https://medicine.missouri.edu/centers-institutes-labs/health-ethics/faq/abortion. Accessed 9 May 2024.

“Roe v. Wade Overturned: How the Supreme Court Let Politicians Outlaw Abortion.” Planned Parenthood Action Fund, https://www.plannedparenthoodaction.org/issues/abortion/roe-v-wade. Accessed 8 May 2024.

Tomás, Ricardo. “Abortion Bans Across the Country: Tracking Restrictions by State.” The New York Times, 1 May 2024, https://www.nytimes.com/interactive/2022/us/abortion-laws-roe-v-wade.html. Accessed 8 May 2024.