In 2019, the state of Alabama, USA came under fire for passing a bill that prevents women from gaining access to an abortion even in the most extreme cases, such as where the woman was raped or in cases of incest. The bill has since passed through the State Senate in Alabama, but legal challenges have delayed its implementation. Alabama has not been the only state that has allowed for such extreme laws—other states such as Georgia have followed suit in putting forward similar legislation.

These developments have divided the country and set alight a new debate on pro-life v pro-choice, with many claiming that, even though they are against abortion, the strict restrictions for cases such as rape and/or incest are a step too far. The healthcare system in these US states prevents people from gaining access to safe and legal routes of abortion, with many travelling out of state or resorting to dangerous methods. Organisations such as Amnesty International have called for the laws not to be implemented, calling them discriminatory and unsafe.

As of January 2020, more than 200 members of Congress have reached out to the US Supreme Court to consider the overruling of Roe v Wade, the landmark case which enabled the legalisation of abortion throughout the country. In Roe v Wade, the Supreme Court made abortion legal in all US states and affirmed a woman’s right to have an abortion under the Fourteenth Amendment of the Constitution. The case overruled many state laws in the US, and started a debate that is still ongoing to this day. 205 Republicans and 2 Democrats have now signed an amicus brief calling for the overruling of the current national legislation.

DIVISION IN THE COUNTRY

Pro-choice activists in the country have called out this violation of basic human rights, and have emphasised the importance of the right of a women to make the choice regarding abortion. The US Senate, the majority of whom are men, has been accused of making decisions that may limit women’s autonomy over their own bodies. Alexis McGill Johnson, CEO of organisation Planned Parenthood, tweeted “asking the Supreme court to reconsider overturning Roe is an assault on our basic rights, plain and simple.” Planned Parenthood promotes women’s freedom to choose whether or not to undergo an abortion. The divide has called for people to speak up on both sides, with many pro-life people saying they are not against women’s rights but are fighting for the rights of the unborn baby. Eric Scheidler, director of ‘Pro-Life Action League’ said the overturning of Roe will get rid of this “undue burden.”

WHAT HAPPENS NOW?

Whether the US Supreme Court overturns Roe v Wade, allowing for states like Alabama and Georgia to implement their bills, is yet to be seen. According to reports, a further sixteen states are seeking to impose new restrictions on abortion. However, until the hearing in the Supreme Court on this matter is concluded later this year, no such changes to state law can be implemented.

Enakshi is currently a second year law student at the University of Liverpool and is pursuing a career as a solicitor. She is involved in the Liverpool Law Clinic where she helps clients in family court and is committed to advocating for human rights.
 
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