Dobbs v. Jackson Women’s Health Organization (referred to as Dobbs v. Jackson) centered around a Mississippi abortion law that prohibits all abortions after 15 weeks of pregnancy (a time when most women don’t even know they’re pregnant). A leaked draft of the decision was first circulated in early May 2022. While there were initially questions as to the draft’s validity, Chief Justice John Roberts confirmed its legitimacy. President Joe Bidenreleased a statement about the situation at the time. “If the court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose,” Biden wrote in part. “And it will fall on voters to elect pro-choice officials this November. At the federal level, we will need more pro-choice senators and a pro-choice majority in the House to adopt legislation that codifies Roe, which I will work to pass and sign into law.” President Biden added that “a woman’s right to choose is fundamental, Roe has been the law of the land for almost fifty years and basic fairness and the stability of our law demand that it not be overturned. We will be ready when any ruling is issued.” Despite Biden’s pleas for more pro-choice members of Congress, several Democrats, including House Speaker Nancy Pelosi, campaigned for anti-choice Rep. Henry Cuellar in Texas, even after the decision draft leaked, instead of pro-choice progressive candidate Jessica Cisneros. If you’re wondering what happens now that Roe v Wade is overturned or what the abortion rights are in your state, read on.
What was the original ruling of Roe v Wade?
The 1973 ruling of Roe v Wade struck down several state laws that had banned abortion and set the precedent that abortions performed before fetal viability (the point at which a fetus could survive outside the mother’s womb—then believed to be 28 weeks, but now believed to be closer to 23 or 24 weeks) are legal and could not be prohibited. Roe v Wade essentially created the guidelines for individual states of when abortions could be performed: There were legally almost zero laws against abortion in the first trimester of pregnancy; second-trimester abortions could be legally prohibited to preserve the health of the birthing person; third-trimester abortions could be banned entirely except to save the mother’s life. Numerous changes have been made to limit abortion since. In 1980, it was ruled that federal funds couldn’t be used to pay for abortions except in the case of saving the mother’s life. In 1989, it was ruled that states could ban abortions from being performed by state employees in state clinics. In 1992, Planned Parenthood v Casey tossed the trimester guidelines for abortions and ruled that states could limit abortions—even during the first trimester—if they were for non-medical reasons; the ruling created the “undue burden” standard, by which abortion restrictions could be ruled unconstitutional and illegal if those restrictions were created with “the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.”
What is the Mississippi abortion case?
In March 2018, Mississippi passed what was then the most restrictive abortion law in the country, deeming abortions performed after 15 weeks of pregnancy illegal except in cases of a medical emergency or “severe fetal abnormality,” according to the Associated Press. Doctors who were found perform abortions outside the limits of the ban would have their medical licenses suspended or revoked. Federal Judge Carlton Reeves ruled the 15-week law unconstitutional. In 2019, Mississippi law moved even further to the right, attempting to ban abortions at six weeks or when a fetal heartbeat could be detected—which is often before a birthing person even knows that they’re pregnant. That May, Judge Reeves issued a preliminary injunction to stop the law, writing (via NBC News), “Here we go again. Mississippi has passed another law banning abortions prior to viability. By banning abortions after the detection of a fetal heartbeat, SB 226 prevents a woman’s free choice, which is central to personal dignity and autonomy.” The 2019 Mississippi law made its way to the Supreme Court as Dobbs v. Jackson Women’s Health Organization (referred to as Dobbs v. Jackson).
What is the Texas heartbeat law?
The Texas Heartbeat Act was enacted in May 2021. The law bans abortions after a fetal heartbeat is detected. Again, this can occur as early as six weeks into a pregnancy—often before a birthing person even realizes that they might be pregnant. Going even further than Mississippi’s law, the Texas Heartbeat Act actually allows members of the public to sue anyone who performs what they deemed an illegal abortion, as well as anyone who may help facilitate an illegal abortion—leaving everyone from doctors to even Uber drivers at risk of $10,000 civil lawsuits. Uber and Lyft have since announced they would cover legal defense costs for drivers sued as a result of the Texas Heartbeat Act. In September 2021, Attorney General Merrick Garland announced that the Justice Department would “protect” abortion seekers through the Freedom to Access Clinic Entrances Act and filed a lawsuit against the state of Texas, alleging that “the law is invalid under the Supremacy Clause and the Fourteenth Amendment, is preempted by federal law, and violates the doctrine of intergovernmental immunity.” In September 2021, Texas Gov. Greg Abbott signed another law restricting anyone “from providing an abortion‑inducing drug to a pregnant woman without satisfying the applicable informed consent requirements for abortions.” Physicians who are found to “intentionally, knowingly or recklessly” violate the law can face from 180 days to two years in jail and/or a fine of up to $10,000, CBS Newsreported.
Is Roe v Wade overturned?
The Supreme Court officially overturned Roe v Wade in a decision on June 23, 2022. Conservative Justice Samuel Alito wrote in his decision, “Roe was egregiously wrong from the start … Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion.” Alito argues that because the Constitution does not specifically mention abortion nor the rights to one thereof, the original ruling of Roe v Wade is incorrect. Four other Supreme Court Justices appointed by conservative presidents—Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett—voted alongside Alito to overturn Roe v. Wade. Supreme Court Justices Sonia Sotomayor, Elena Kagan, Stephen Breyer and Chief Justice John Roberts dissented.
Where is abortion illegal after Roe v. Wade is overturned?
Several states enacted “trigger laws” that would ban abortion entirely in the event of Roe v. Wade being overturned.
Kentucky
Abortion is illegal in Kentucky thanks to a trigger law following Roe v. Wade being overturned.
Louisiana
Abortion is illegal in Louisiana due to a trigger law following the Roe v. Wade decision.
Missouri
Within minutes of Roe v. Wade being overturned, Missouri banned all abortion in the state.
South Dakota
Abortion became illegal in South Dakota immediately following the Roe v. Wade decision.
Where will abortion become illegal now that Roe v. Wade is overturned?
Now that Roe v Wade is overturned, abortion will likely become illegal in the following states as well, per The Guttmacher Institute. Abortion is already highly restricted in these locations.
Alabama
Abortion will likely be illegal in Alabama following the Roe v. Wade decision.
Arkansas
Abortion will likely be illegal in Arkansas following the Roe v. Wade decision.
Arizona
Abortion will likely be illegal in Arizona following the Roe v. Wade decision.
Idaho
Abortion will likely be illegal in Idaho following the Roe v. Wade decision.
Michigan
Abortion will likely be illegal in Michigan following the Roe v. Wade decision.
Mississippi
Abortion will likely be illegal in Mississippi following the Roe v. Wade decision.
North Dakota
Abortion will likely be illegal in North Dakota following the Roe v. Wade decision.
Oklahoma
Abortion will likely be illegal in Oklahoma following the Roe v. Wade decision.
Tennessee
Abortion will likely be illegal in Tennessee following the Roe v. Wade decision.
Texas
Abortion will likely be illegal in Texas following the Roe v. Wade decision.
Utah
Abortion will likely be illegal in Utah following the Roe v. Wade decision.
Wisconsin
Abortion will likely be illegal in Wisconsin following the Roe v. Wade decision.
West Virginia
Abortion will likely be illegal in West Virginia following the Roe v. Wade decision.
Wyoming
Abortion will likely be illegal in Wyoming following the Roe v. Wade decision.
Where is abortion legal following Roe v. Wade being overturned?
Abortion is legal in the following states with varying conditions:
California
Abortion is legal in California up to fetal viability and/or to protect the life of the pregnant person.
Colorado
Abortion is explicitly legal throughout pregnancy in Colorado.
Connecticut
Abortion is legal in Connecticut prior to fetal viability and to protect the life of the pregnant person.
Hawaii
Abortion is legal in Hawaii prior to fetal viability and to protect the life of the pregnant person.
Illinois
Abortion is legal in Illinois prior to fetal viability and to protect the life of the pregnant person.
Maine
Abortion is legal in Maine prior to fetal viability and to protect the life of the pregnant person.
Maryland
Abortion is legal in Maryland prior to fetal viability and to protect the life of the pregnant person.
Massachusetts
Abortion is legal in Massachusetts prior to fetal viability and to protect the life of the pregnant person.
Nevada
Abortion is legal in Nevada prior to fetal viability and to protect the life of the pregnant person.
New York
Abortion is legal in New York prior to fetal viability and to protect the life of the pregnant person.
Oregon
Abortion is legal throughout pregnancy in Oregon.
Rhode Island
Abortion is legal in Rhode Island prior to fetal viability and to protect the life of the pregnant person.
Washington
Abortion is legal in Washington prior to fetal viability and to protect the life of the pregnant person.
Washington, D.C.
Abortion is legal throughout pregnancy in Washington, D.C.
Vermont
Abortion is legal throughout pregnancy in Vermont.
How to help protect abortion rights and help women get legal abortions
Find abortion access near you here. If you’re looking for ways to help, you can click here to donate to a network of abortion funds to protect and support women seeking care.
What happens to birth control if Roe v Wade is overturned?
Roe v. Wade is overturned on the grounds of abortion essentially being considered an “invented right,” which may set precedent to restrict access to contraception as well. In fact, Supreme Court Justice Clarence Thomas noted this in his concurring opinion, writing that “we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” In the 1965 case Griswold v. Connecticut, the Supreme Court ruled that the same right to privacy cited as being part of the 14th Amendment prohibited the state of Connecticut from restricting access to birth control. This means that an overturning of Roe v. Wade can, in turn, bring on an overturning of that case, leading to restrictions on or even bans of birth control in some states. Taking the right to privacy into account, overturning Roe v. Wade may also lead to the overturning of Lawrence v. Texas, which was decided on the same grounds. The ruling, in that case, declared that sodomy laws were invalid due to the privacy elements associated with the 14th Amendment. If Roe is overturned, then Lawrence v. Texas is also at risk of being flipped. Obergefell v. Hodges guarantees the federal right for same-sex couples to marry. Thomas openly considered overturning this as well.
Will miscarriages be investigated if Roe v Wade is overturned?
One consequence of overturning Roe v Wade is the possible criminalization of miscarriages—and that’s already been happening in certain states. Pregnant people, in recent years, have been arrested for miscarrying after being shot, attempting suicide and having a stillbirth in states with heavy restrictions on abortion; one woman was arrested for having a stillbirth after she searched for abortion pills online. These predominantly, but not exclusively, affect women and pregnant people of color who lack access to safe and legal abortion or reproductive care.
Who wants Roe v Wade overturned?
For the most part, Americans do not want abortion to be illegal—in fact, recent polling shows Americans favor legal abortion by 2 to 1. However, a vocal minority does, and they’re largely from the Christian right, with 68% of those surveyed who identified as Evangelicals believing abortion should be outlawed. There was widespread outrage online when the draft leaked, especially among celebrities and Democrats. “The U.S. Supreme Court has confirmed the draft opinion overturning Roe v. Wade is genuine. Roe v. Wade ensures a woman’s right to choose to have an abortion. It is clear that opponents of Roe want to punish women and take away their rights to make decisions about their bodies,” Vice President Kamala Harristweeted. “Congress must pass legislation that codifies Roe v. Wade as the law of the land in this country NOW,” Sen. Bernie Sanders tweeted. “And if there aren’t 60 votes in the Senate to do it, and there are not, we must end the filibuster to pass it with 50 votes.” Hillary Clinton tweeted, “Women’s rights are human rights and human rights are women’s rights. An extreme wing of the Supreme Court may seek to deny that fundamental truth. They may try to force their views on a country where 70% of people want Roe upheld. We will not be quiet and we will not go back.” Sen. Elizabeth Warren tweeted, “An extremist Supreme Court is poised to overturn #RoeVWade and impose its far-right, unpopular views on the entire country. It’s time for the millions who support the Constitution and abortion rights to stand up and make their voices heard. We’re not going back—not ever.” Amy Schumervowed to attend a protest in New York City and told her followers to “take it to the streets.” “The Gilded Age. #bansoffourbodies #metgala #abortionishealthcare #abortionrights #fuckthesupremecourt,” Busy Philippswrote on Instagram, referencing the 2022 Met Gala. Mia Farrow wrote on Twitter, “Forced birth? Not really. I lived through the abortion ban years. The fact is that there won’t be fewer abortions. Women will continue to get the abortion they need. Except those abortions won’t be safe. Many, many women and girls will be mutilated or die.” “Forced birth & illegal abortions across state lines is backwards & cruel. The Supreme Court has BECOME the division. Thanks to Alito & his ilk of RW radicals, who are toxic to the Court’s impartiality. Based on his arguments, the Supreme Court is strictly political now,” Mark Ruffalo wrote. Singer and actress Sara Bareillestweeted, “Once more for the people in the back: WOMEN DON’T GET PREGNANT BY THEMSELVES! Why is there zero sense of shared responsibility?! It’s pathetic, and I stand with the masses of you who are enraged and want to fight back. Hand me my armor. #BansOffOurBodies.” “Make no mistake. A majority in this country are angry tonight. Not a small majority. A giant majority. I am seeing that rage. I am hearing that rage. I am feeling that rage. And to all scared women tonight, I will fight for you & with you. I will fight like hell. We all must,” Josh Gad tweeted. Sopranos star and E Street Band member Steven Van Zandt tweeted, “For 40 years I’ve been telling the progressive intelligencia to stop using the word abortion. Because it’s never been the issue. The issue is FUNDAMENTAL WOMEN’S EQUAL RIGHTS! Using the word abortion creates and demands the equal passion of anti-abortion. And now it’s too late.” Next, check out inspiring feminist quotes.
