Explainer: What is happening with the United States abortion laws?

People in the United States are protesting against the possibility of a ban on abortions. A leaked document suggests that abortion will be banned in the country. People are protesting against it, and many pro-abortion, pro-choice rallies and demonstrations have taken place in the past few weeks.

So what happened?

A 98 page leaked US Supreme court draft was published by the news site Politico. The leaked document shows that majority of judges have voted to strike down the landmark 1973 Roe v Wade ruling, that has guaranteed the right to abortion in the United States for decades. But, according to the draft, there are plans to overturn the 1973 ruling.

The leaked document is an unofficial judgment of Dobbs v Jackson Women’s Health Organisation. The case that will determine whether pregnant people have a constitutional right to choose abortion in the US.

What is the Dobbs vs Jackson case?

The US Supreme Court is debating Dobbs v. Jackson Women’s Health Organization, a case involving a Mississippi legislation prohibiting abortion beyond 15 weeks. The conservative litigants specifically request that the Supreme Court overturn Roe, and the justices have indicated that they are willing to do so. In 2018, Mississippi passed the Gestational Age Act (“HB 1510”), which prohibits abortions after 15 weeks, except in cases of a medical emergency or severe fetal abnormality.

In the same year, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the “Gestational Age Act” in federal court.

What is the 1973 judgement Roe v. Wade?

The landmark 1973 ruling protects the constitutional right to have an abortion.

Roe v. Wade was a historic legal decision delivered by the United States Supreme Court on January 22, 1973, in which the court overturned a Texas law prohibiting abortion, essentially legalising the operation throughout the United States.

“The court held that a woman’s right to an abortion was implicit in the right to privacy protected by the 14th Amendment to the Constitution. Prior to Roe v. Wade, abortion had been illegal throughout much of the country since the late 19th century. Since the 1973 ruling, many states have imposed restrictions on abortion rights.”

What are US politicians saying?

US president Joe Biden called it “really quite a radical decision” that reflects a “fundamental shift in American jurisprudence”.

US vice-president Kamala Harris told a conference on Tuesday: “Women’s rights in America are under attack. Today, we know our purpose. We also know what we are up against. Let us fight with everything we’ve got”.

What would happen if the 1973 judgment is overturned?
Before 1973, abortion regulations varied greatly across the country. Some states outlawed all abortions, while others allowed them under limited conditions. Roe v. Wade provided a legal framework for abortion laws at the federal level by ruling that a Texas abortion statute was unconstitutional. As a result, if Roe is overturned, states will once again be free to restrict abortion.

Thirteen states have “trigger laws” that would prohibit abortion if the Supreme Court overturns the decision.