{"id":731715,"date":"2022-07-06T00:35:46","date_gmt":"2022-07-06T00:35:46","guid":{"rendered":"http:\/\/castancentre.com\/?p=5909"},"modified":"2022-07-06T00:35:46","modified_gmt":"2022-07-06T00:35:46","slug":"now-that-roe-v-wade-has-been-overturned-what-are-the-consequences","status":"publish","type":"post","link":"https:\/\/radiofree.asia\/2022\/07\/06\/now-that-roe-v-wade-has-been-overturned-what-are-the-consequences\/","title":{"rendered":"Now that Roe v Wade has been overturned, what are the consequences?"},"content":{"rendered":"\n

In May this year, I wrote a piece<\/a> for Monash Lens following the leaking from the United States Supreme Court (SCOTUS) of a draft judgment overturning the 1973 decision of Roe v Wade<\/a><\/em>.<\/p>\n\n\n\n

This is the seminal decision that provided constitutional protection to the right to abortion.<\/p>\n\n\n\n

The final decision of Dobbs v Jackson Women\u2019s Health<\/a><\/em> has now been handed down and, staying largely true to the leaked draft judgment, it\u2019s devastating for reproductive rights, and a dangerous precedent for the potential overturning of other rights, such as the right to gay marriage.<\/p>\n\n\n\n

The court decided 6-3 to uphold the Mississippi law<\/a> that bans abortion after 15 weeks\u2019 gestation, and 5-4 to overturn Roe v Wade and Casey v Planned Parenthood<\/a><\/em>, the 1992 SCOTUS decision that affirmed Roe v Wade.<\/p>\n\n\n\n

In doing so, SCOTUS ruled that there\u2019s no federal constitutional right to abortion. It\u2019s now up to the states to regulate abortion as they see fit.<\/p>\n\n\n\n

Abortion regulation a matter for the states<\/strong><\/p>\n\n\n\n

Some states will retain permissive legislation. Others will completely ban abortion. The story of abortion in the US will become a tale of two countries. Many states, particularly in the south or midwest will ban or severely restrict abortion access.<\/p>\n\n\n\n

In fact, prior to this decision being handed down, a number of states passed so-called \u201ctrigger laws<\/a>\u201d that became enlivened as soon as the court\u2019s judgment was handed down.<\/p>\n\n\n\n

For example,\u00a0Oklahoma<\/a>\u00a0law now bans abortion (beginning at fertilisation) in nearly all circumstances. The consequences of such an extreme ban are potentially far-reaching. Not only do they directly affect the ability of women to terminate a pregnancy, but they\u2019ll most certainly have an impact on treatment for miscarriage, and potentially on fertility treatment as well.<\/p>\n\n\n\n

Many doctors, afraid of prosecution, will stop treating women for miscarriage<\/a> and even ectopic pregnancy, posing serious risks to the health and lives of those in need of care.<\/p>\n\n\n\n

It\u2019s already been reported that fertility clinics in conservative states are moving embryos<\/a> across to more liberal states out of fear for the impact of this ruling on IVF<\/a>.<\/p>\n\n\n\n

The impact of such restrictive abortion laws will be felt most acutely by those who are already vulnerable, such as those who for financial or other reasons cannot travel to a more liberal state.<\/p>\n\n\n\n

According to the\u00a0Center for Reproductive Rights<\/a>:<\/p>\n\n\n\n

The impacts of these bands will fall particularly hard on people who already face discriminatory obstacles when accessing healthcare, in particular people of colour, those having difficulty making ends meet, members of the LGBTQ+ community, young people, people in rural communities, and undocumented people.<\/em><\/p><\/blockquote>\n\n\n\n

It\u2019s a devastating blow for reproductive rights, women\u2019s rights, and human rights more broadly.<\/p>\n\n\n\n

A number of more liberal states, such as California, have responded to the court\u2019s decision by passing legislation bolstering the protection of existing abortion rights, as well as making the state a refuge for women seeking abortions, providing protection for those who travel to California from other states to access abortion services.<\/p>\n\n\n\n

The Governor of California, Gavin Newsom, recently\u00a0tweeted<\/a>: \u201cAbortion is legal in California. It will remain that way. I just signed a bill that makes our state a safe haven for women across the nation. We will not cooperate with any states that attempt to prosecute women or doctors for receiving or providing reproductive care.\u201d<\/p>\n\n\n\n

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Abortion is legal in California.

It will remain that way.

I just signed a bill that makes our state a safe haven for women across the nation.

We will not cooperate with any states that attempt to prosecute women or doctors for receiving or providing reproductive care.<\/p>— Gavin Newsom (@GavinNewsom) June 24, 2022<\/a><\/blockquote>