Can Roe v Wade Be Reinstated? (How The Government Wants Control)

Can Roe v Wade Be Reinstated

Can Roe v Wade be reinstated? 

In this article, you’ll learn about:

  • whether roe v wade can get reinstated
  • the laws on overturning a supreme court decision
  • can the bill get overturned with new Congress members
  • what would need to happen to overturn Roe v Wade

Let’s dig in. 

Table of Contents

The Hive Law Has Been Featured In

Statistics For Roe v Wade

  • The Roe v. Wade ruling was handed down by the Supreme Court on January 22, 1973.
  • Roe v. Wade’s ruling overturned many state laws and established abortion as a right to privacy.
  • The Roe v. Wade ruling established that the Constitution protects a woman’s right to choose to have an abortion.
  • 30+ states have passed laws that restrict access to abortion.
  • Approximately 1.3 million abortions are performed annually in the US.
  • Approximately 21% of all pregnancies in the US end in abortion.
  • Approximately 59% of women obtaining abortions are in their twenties.
  • 53% of women obtaining abortions are unmarried.
  • 12% of women obtaining abortions are teenagers.
  • 8% of women who obtained abortions have four or more children.
  • 70% of women who obtained abortions have no children.
  • 70% of women who obtained abortions are Christian.
  • 87% of counties in the US have no abortion clinics.
  • 91% of abortions are performed in outpatient settings.

What Is Roe v Wade?

Roe v. Wade was a landmark Supreme Court decision in 1973. 

It established a woman’s legal right to terminate a pregnancy. 

The case involved a Texas law that made it a crime to get an abortion

(Unless a woman’s life was at risk.)

The courts voted:

  • a 7-2 decision supporting abortion rights
  • restricting access to abortion violated a woman’s right to privacy
  • women have the right under the Due Process Clause of the 14th Amendment

Roe v. Wade legalized abortions in the United States. 

And it established a legal framework for the regulation of abortion services. 

It also set off a decades-long political battle over issues such as:

  • abortion access
  • the right to life
  • religious beliefs

The decision has become a major flashpoint in American politics. 

Both sides of the debate claim the decision as a victory for their respective causes.

Roe v. Wade has come to symbolize the ongoing debate over abortion rights

And it is seen as a major victory for women’s rights. 

The decision has been both praised and criticized for:

  • its impact on women’s rights
  • the role it has played in shaping the abortion debate in the US

Can Roe v Wade Be Reinstated?

Roe v. Wade cannot be directly reinstated by itself. 

The Supreme Court has the power to overturn its prior decisions. 

But the current Supreme Court has a strong conservative majority. 

And they are likely to be hostile to a Roe v. Wade reinstatement.  

But, Roe v. Wade could be indirectly reinstated. 

This could get done by passing a law that codifies its principles into law. 

This could get done by either:

But, passing any new law or amendment requires:

A supermajority of votes requires more than two-thirds of the votes in favor. 

Reinstating Roe v Wade is unlikely with the:

  • current political climate
  • strong Conservative majority in both houses of Congress

Even if a law or amendment were to pass, it could still get:

  • challenged in court
  • potentially overturned

Let’s say that it survives these legal challenges. 

It could get overturned by future Supreme Court rulings. 

Let’s say that Roe v. Wade was to get reinstated. 

Individual states still can pass laws limiting or restricting access to abortion. 

Depending on the state, these laws could conflict with Roe v. Wade. 

This would create a legal loophole. 

And some states could restrict access to abortion despite federal laws.

Reasons To Reinstate Roe v Wade

  • Roe v Wade ensures access to safe and legal abortion. This is especially important for women who lack access to contraception. Or who have experienced health issues that make pregnancy a risk to their lives.
  • Roe v Wade protects a woman’s right to make decisions about her own health. It allows her to make decisions about her body without the government intervening.
  • Roe v Wade helps to protect women from the dangers of back-alley abortions. Let’s say a woman doesn’t have access to safe and legal abortions. They will turn to dangerous and unregulated methods of terminating their pregnancies.
  • Roe v Wade allows women to have access to abortions in a safe and respectful manner. It also makes sure that women are not pressured or forced into having abortions.
  • Roe v Wade is important for the health and safety of women. It provides access to medically-supervised abortions. This can help reduce the risk of complications from unsafe procedures.
  • Roe v Wade prevents unwanted pregnancies and reduces the need for abortions. It ensures that women are able to access contraception and other forms of birth control. This allows them to make decisions about when they want to become pregnant.

Arguments For Reinstating Roe v. Wade

These are the arguments for reinstating Roe v Wade. 

Establishes A Woman’s Right To Choose

Roe v. Wade established a woman’s right to choose whether she will carry a pregnancy to term. 

The constitutional right to privacy includes a woman’s choice to have an abortion.

Roe v. Wade was a pivotal moment:

  • in the struggle for women’s rights
  • for the recognition of a woman’s right to autonomy over her own body

Without Roe v. Wade, women would get left vulnerable to the whims of state legislatures. 

And they may or may not allow access to safe and legal abortions. 

This decision:

  • is a fundamental human right
  • should get protected and respected

Provides A Right To Privacy

At the heart of the decision is the constitutional right to privacy.  

The right to privacy was implicit in the Fourteenth Amendment. 

This right to privacy is:

  • fundamental to the American people
  • essential to protecting their civil liberties

Without Roe v. Wade, the government can interfere with a woman’s right to choose. 

Roe v. Wade is a crucial decision for:

  • the right to privacy
  • the protection of women’s rights
  • a woman’s autonomy

Mental Health Issues Related To Illegal Abortions

Roe v. Wade protects women from illegal abortions:

  • giving them health complications
  • giving them mental health issues

Let’s say abortions are illegal and women don’t have protections of the law. 

They will get forced to seek out dangerous and unregulated abortions. 

This will have devastating consequences. 

Roe v. Wade helps to ensure that women have access to safe and legal abortions. 

This can be difficult to get without the protection of the law.

Reduces Government Interference

Roe v Wade removes government interference in a woman’s ability to make decisions:

  • about their bodies
  • about their lives

This right is vital to protecting women’s:

  • autonomy
  • bodily integrity

It has allowed women to make decisions about their reproductive health.

And without fear of:

  • punishment
  • coercion

Roe v. Wade also prevents the criminalization of abortion. 

This can lead to women who make reproductive decisions:

  • getting put in jail
  • getting criminal charges

Forcing Women To Carry Unwanted Pregnancies To Term

Roe v Wade protects women from being forced to carry an unwanted pregnancy to term. 

This can have devastating effects on a woman’s:

  • emotional well-being
  • financial well-being

Roe v. Wade prevents the criminalization of abortion. 

Criminal charges for making decisions about their reproductive health leads to:

  • women getting put in jail
  • women getting criminal charges

Roe v Wade helps to ensure that women have access to safe and legal abortions.

Reinstating Roe v. Wade is essential for protecting the fundamental human right of a woman.

And removes government interference in a woman’s decision:

  • about her own body
  • about her life

Prevents Criminalization Of Abortion

The protection of Roe v. Wade prevents women from:

  • going to jail
  • getting criminal charges

This is especially important while states are trying to pass laws restricting abortions. 

Without Roe v. Wade, women are vulnerable to the criminalization of reproductive choices. 

This could have devastating consequences. 

Roe v. Wade is essential to ensuring that women have access to:

  • safe abortions
  • legal abortions 

And that they are not subjected to criminal penalties. 

(For making decisions about their own bodies.)

Gives Access To Safe And Legal Abortions

Roe v Wade is a very important law for women. 

Without it, women would not be able to make choices about their own bodies. 

They might have to turn to dangerous or illegal ways to have an abortion. 

This could hurt them in many ways, like:

  • being sick
  • feeling sad
  • costing a lot of money

Roe v Wade helps women by letting them make choices about their own bodies. 

And without the government telling them what to do. 

It also makes sure women can get safe and legal abortions if they need one. 

This law has been around for almost 50 years. 

And has helped many women get the care they need.

Having Roe v Wade is important because it protects women’s rights. 

It allows them to choose what they want to do with their own bodies.

Arguments Against Reinstating Roe v. Wade

These are the arguments against reinstating Roe v Wade. 

Gives The Government Too Much Control

The government controlling reproductive health choices can be an invasion of privacy. 

Too much power in this area could result in:

  • less individual autonomy
  • an increase in government control over personal choices

This could limit:

  • personal freedoms
  • the ability to make decisions based on personal values

Reinforcing Roe v. Wade should:

  • protect individuals’ right to choose
  • prevent government overreach of autonomy and personal freedom

Increase In Abortion Rates & Decrease In Birth Rates

Reinstating Roe v. Wade could lead to:

  • higher abortion rates
  • fewer births

Some reasons for this are that:

  • Easier access to legal abortions increases the likelihood of ending a pregnancy.
  • Some women may choose abortion over having a baby as it seems more manageable.
  • Access to legal abortion may encourage women to take more sexual risks.

These factors all contribute to:

  • a rise in abortion rates
  • a drop in the birth rate

More Liberal Abortion Laws

Reinstating Roe v. Wade’s would impact the abortion debate greatly. 

The ruling grants the right to an abortion, but sets no limits. 

This could result in liberal laws, such as allowing abortion until birth. 

This could also lead to:

  • decreased responsibility
  • increased irresponsible behavior

Women might use abortion as birth control. 

This approach lacks accountability for unprotected sex. 

The slippery slope could also:

  • devalue human life
  • reduce respect for life

Increase In Late-Term Abortions

Reinstating Roe v. Wade may cause more late-term abortions. 

When it was first established, it made abortion legal at any stage of pregnancy. 

With the current overturn, some states now limit when abortions can occur. 

This varies from state to state. 

In some states, people  are unable to get an abortion past a certain point in the pregnancy. 

This could increase late-term abortions in states where Roe v. Wade gets reinstated. 

As those seeking abortions may have to go to a state where it’s still legal.

Decrease In Parental Responsibility

Reinstating Roe v. Wade can:

  • reduce parental responsibility
  • boost irresponsibility

Let’s say that abortion is easily accessible.

It can be a way to escape an unwanted pregnancy. 

This leads to:

  • less responsibility: people know they can get an abortion if they get pregnant.
  • decrease respect for life: abortion allows them to avoid consequences
  • lower birth rates: getting an abortion instead of having a child
  • less responsibility: getting an abortion instead of raising a child

So, the availability of abortion can lead to:

  • less parental responsibility
  • more irresponsibility

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