Abortion Rights Under Fire After String of Anti-Abortion Laws
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The once-certain right to an abortion in the United States has certainly become questioinable, with multiple states in the Midwest passing bills that threaten the right to an abortion in most circumstances – including rape, incest and human-trafficking. Most recently, Oklahoma passed SB 612, which prohibits abortion unless it is to save the life of the mother during a medical emergency. Furthermore, SB 612 makes performing an abortion a felony with possible prison time of up to 10 years and a $100,000 fine. Because targeting the women that get abortions has failed thus far, opponents have started to advocate for punishments against the medical professionals involved. Unfortunately, bills like Ohklahoma’s SB 612 have become increasingly present in midwestern states.
Texas had previously passed a bill which encouraged people to sue others, like abortion providers, in a court of law for performing abortions after a fetal heartbeat can be detected. This can occur in week six of pregnancy, however according to the American Pregnancy Association, most women don’t even find out that they’re pregnant until weeks four through seven. Texas’s law is unique compared to past bills that have tried to strip women of the right to an abortion because it’s mainly enforced through civil litigation brought by private citizens instead of relying on the government. Texas’s law has faced challenges in federal court, however, none have been successful in deterring it yet. Since the government plays no role in the law’s enforcement, it is harder to challenge.
Other states like Mississippi have passed laws similar to those by Texas and Oklahoma. Mississippi’s law bans abortion after 15 weeks. But, Mississippi’s law is currently being challenged in the United States Supreme Court, which is expected to release its decision during the upcoming summer months. Dobbs v. Jackson’s Women Health Organization directly challenges the precedent set in Roe v. Wade, which legalized abortion across all 50 states for around the first 24 weeks of pregnancy. If Mississippi's law is allowed to stand, it would mean that in some states, abortion would immediately be criminalized again.
Besides completely dismantling Roe v. Wade or upholding Roe completely, there is another possible outcome of Dobbs. This could be that the court holds that the benchmark for when abortion must be legal until is moved to earlier in the pregnancy. Current precedent rules that abortion is legal for around the first two trimesters of pregnancy. According to Tufts Now, Chief Justice Roberts seems to favor a “compromise” at 15 weeks over 24 weeks. That said, it would take a majority agreement in order for this view to become precedent.
Abortion rights in America seem to be under fire more than ever since the release of the landmark ruling that is Roe v. Wade. According to a Gallup poll, 48% of Americans believe abortion should be legal in certain circumstances and 32% believe abortion should be legal under all circumstances. Only 19% of Americans believe that abortion be illegal in all circumstances as of May 2021. Yet some state legislatures still seem determined to demolish abortion rights.
Certainly bills like Oklhama’s SB 612 have become increasingly prevalent in some states like Texas and Mississippi. These types of bills alter abortion rights – and in some cases eradicate them – for women within the state. The future of abortion rights in America lies heavily on the Supreme Court’s ruling in Dobbs. Despite the attack on abortion rights in multiple states throughout the country, there is clearly strong support by the public for the right to a safe abortion.