Why the U.S. Supreme Court Should Never Have Overturned Roe vs. Wade


Martin Falbisoner

The United States Capitol Building sits on the US Capitol grounds in Washington, D.C.. The Capitol building is where American laws are interpreted and created, including laws regarding abortion rights in the United States. Photo courtesy of Martin Falbisoner, Wikimedia

Lea Wassom, Staff Writer

For 50 years, women in the United States have had the right to a safe abortion regardless of the state legislature or fear of prosecution. This is what we could be saying, if the United States Supreme Court had not made the bold, detrimental decision to overturn the Roe vs. Wade court case on Friday, June 24, 2022. 

The 1973 Roe vs. Wade’s Supreme Court case revolved around Norma McCorvey (addressed as Jane Roe in court to protect Mccorvey’s privacy), a Texan woman in her early 20s seeking an abortion. At the time, abortion was legal in Texas only if not reaching abortion access meant death for the women seeking it. 

Roe filed a lawsuit against Henry Wade, the Dallas County district attorney for legally not allowing her to get an abortion. Roe claimed that prohibiting her from getting an abortion was a violation of privacy backed up by more than four amendments. 

On June 24, 2022, the United States Supreme Court overturned Roe vs Wade, ending a 50-year period of time in which women across America had the right and access to safe abortions. Within just 100 days of the overturning of Roe vs Wade, more than 13 states have banned abortions, 24 abortion clinics across the US permanently closed, and 66 stopped providing abortions. 

Unsafe abortions almost always lead to medical complications for both woman and child and sometimes death. Now that most abortions in the United States are unsafe, the number of women who die from unsafe abortions will only increase. Taking away access to safe abortions will cause those seeking them to turn to unsafe abortions, resulting in more people in medical danger. The need for an abortion does not go away. 

The loss of safe abortions in the United States accounts for not only medical issues but also a violation of freedom for all capable of pregnancy. When discussing the ways the government denies women’s rights regarding abortions, State High freshman Katy Schmeck stated, “Essentially they’re just imposing on your freedom and they’re deciding what you get to do and what not to do, even though it’s your choice.” 

Deciding on legal grounds that women in the United States should not be able to choose what to do with their own bodies or decide the course of their life is a violation of the United States Constitution. 

Ironically, the Supreme Court members who voted to overturn Roe vs. Wade were overwhelmingly male, implying they have no idea what it is like to be in the shoes of women seeking abortions. 

While interviewing pro-choice State High freshman Lucy Shaffer-Manhart, she brought up the point that “men have the right to bodily autonomy, they have the right to bear arms, and I think if you’re pregnant and it’s your body, then you should be able to hold the choice over whether or not you see fit to have a child.” 

The court’s decision that women should not have the right to a safe abortion is a violation of basic fundamental human rights, guaranteed by the U.S. Constitution since day one of our nation. 

The decision to get or not get an abortion can be life-changing and should be in the hands of the pregnant person to make this crucial decision. Denying women a safe abortion can often be a death sentence. Regardless of the situation, getting an abortion is completely the decision of the individual seeking the abortion. 

“We should be looking out for the best interest of the patient first. So if the patient is the mother, and the mother wishes that, then we should take her wishes into consideration,” Manhart said.

When it comes to the lives of women and how they want to live their lives, the only opinion that matters is that of the woman. Bodily autonomy and making decisions when it comes to one’s personal life are something that all people should have the right to, regardless of others’ misconceptions.

On the 50th anniversary of the overturning of Roe vs. Wade, we look back at what life was like before this detrimental event, and what life could be for the people of the United States today. On June 24th, 2022, not only Roe vs. Wade was overturned, but also the fundamental human rights which the United State Constitution is meant to “guarantee”.