Roe v Wade is Overturned

UPDATES: July 2022

In fact, it is now thirty days (and counting) since the Supreme Court ruled on Roe v. Wade. The decision is not too different from the leaked decision of earlier in the season, This in and of itself is alarming due to some of the provocative language used in the earlier document. To read the actual decision, click on this link.  

What does it actually mean for the country and particularly the women in it, that the “precedent-setting” 1973 decision of Roe v. Wade regarding privacy and a woman’s right to choose whether or not she pursues an abortion has been overturned? The case that did this is Dobbs v. Jackson (2022), a Mississippi case in which the court held that the Constitution of the United States does not confer a right to abortion. The court's decision overruled both Roe v. Wade  (1973), and Planned Parenthood v. Casey. (1992)

It is important to note, that in overturning Roe v. Wade, this is the first time in the history of the Court in which one’s RIGHTS have been taken away as opposed to expanded. 

Consequences:

• It is still lawful to have an abortion in the United States; however, the legal status of abortion is entirely up to the states. Now that the law has changed, reproductive rights will be rewritten almost immediately, including whether abortion when permitted, will be allowed in the case of rape or incest. The viability of the fetus will also be left up to each state.

• The New York Times reports that the legal status of abortion is entirely up to the states after Roe v. Wade. Now that the law has changed, reproductive rights will be rewritten almost immediately and according to the Center for Reproductive Rights, a group that fights abortion restrictions in court and closely tracks state laws, 25 states are likely to ban abortion. Those states are Alabama, Arizona, Arkansas, Georgia, Idaho, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, and Wyoming.

• Thirteen states have so-called trigger laws, which make abortion illegal after Roe’s fall. Some have old abortion laws on the books that were invalidated by the Roe decision but could be enforced again. Still other states, like Oklahoma, have abortion bans that were passed during this legislative session, despite the Roe precedent. (NYT)

• Back to real people and the impact of the overturn of Roe v. Wade on them: According to the Guttmacher Institute, over time the research has demonstrated that abortion bans most severely impact people in marginalized groups who already struggle to access health care, including abortion. The Guttmacher Institute's full statement on the Dobbs v. Jackson decision is as follows:”…On June 24, 2022, anti-abortion ideologues on the US Supreme Court explicitly overturned Roe v. Wade. The decision will have enormous consequences for pregnant people across a wide swath of US states, who will now find it extremely difficult—and in many cases impossible—to get the care they want and need. Marginalized communities will be hit the hardest by this far-reaching decision.”

• Although as noted, abortion will still be available in a number of states, many women from the marginalized communities which Guttmacher discussed, will not be able to afford to cross state lines to access abortions. This is the case even with the very generous philanthropic efforts to assist women in non-abortion states with abortion assistance.

• What is in the future: More than 500 restrictions have been introduced since the start of state legislative sessions in January. Two key themes emerging are anti-abortion policymakers’ continued pursuit of various types of abortion bans and restrictions on medication abortion. Many state legislatures have also introduced measures to protect or expand abortion rights and access to care. Our experts continually update this guide to help readers keep track of the latest abortion laws. 

• Many groups including those favoring same-sex marriage and LGBTQ rights worry that the next step in Supreme Court decision-making may be to take away those rights as well.

Medical implications of overturning Roe according to the NYT:

• Medication Abortions: Demand for abortion pills is surging, setting the stage for new legal battles. For now, it is still legal in most states to receive abortion medication by mail and pharmacies risk violating federal civil rights law if they refuse to fill a prescription for abortion pills.

• Plan B: In the wake of the Supreme Court’s ruling, many women are stocking up on so-called morning-after pills. Here’s how these differ from abortion pills.

• I.V.F.: Legal experts say the end of Roe could make it easier to place restrictions on genetic testing, storage and disposal of the embryos created outside the womb.

• Contraceptive Pills: The Food and Drug Administration’s first application for a  birth control pill that would not require a prescription has taken on new meaning after the Supreme Court decision.

  • • See the following articles on Roe v. Wade overturned: Center for Reproductive Rights, Harvard Kennedy School, NPR, and thewire.in ( for foreign reporting on the issue) and for the conservative view, Forbes, National Review Magazine and Wall Street Journal.

    • Needless to say, this circumstances of abortion access is fluid and will also be dependent on local and state legislative races. Check in periodically for updates on the issue.

In the run-up to the Spring 2022 Supreme Court decisions, Justice Sam Alito’s majority decision upholding the Mississippi Abortion case which will disallow Roe v Wade, was leaked to the press. Following is reporting and information about the upcoming decision and it's likely impact.