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Beyond Abortion: The Consequences of Overturning Roe
Lynn M Paltrow1, Lisa H Harris2, Mary Faith Marshall3
1National Advocates for Pregnant Women.
The American Journal of Bioethics : AJOB
|June 2, 2022
Summary
A potential U.S. Supreme Court decision could ban abortion, impacting not only abortion access but also the rights and safety of all pregnant individuals. This ruling may disproportionately harm people of color and perpetuate structural racism.
Area of Science:
- Public Health
- Law and Society
- Reproductive Rights
Background:
- The U.S. Supreme Court's impending decision in Dobbs v. Jackson Women's Health Organization poses a significant threat to legal abortion access nationwide.
- Existing legal frameworks, including Roe v. Wade, offer protections that extend beyond the termination of pregnancy, safeguarding individuals who continue pregnancies.
Purpose of the Study:
- To analyze the multifaceted consequences of potential abortion bans, extending beyond restricted abortion access.
- To highlight the broader implications for the legal and civil rights of all pregnant individuals.
- To underscore the disproportionate impact on marginalized communities, particularly people of color.
Main Methods:
- Legal and policy analysis of the potential effects of overturning Roe v. Wade.
- Examination of the intersection of reproductive rights, constitutional protections, and structural racism.
- Discourse analysis of the framing of abortion rights and its impact on broader legal protections.
Main Results:
- An abortion ban would subject all pregnant individuals, regardless of pregnancy outcome, to increased legal surveillance, potential civil detention, forced interventions, and criminal prosecution.
- The harms associated with abortion restrictions will disproportionately affect people of color, exacerbating existing structural racism.
- Overturning Roe v. Wade would curtail fundamental rights for all pregnant individuals, undermining their status as full constitutional persons.
Conclusions:
- Focusing solely on abortion access overlooks the broader protections afforded by Roe v. Wade and the extensive rights jeopardized by its potential overturn.
- Restricting abortion access poses profound risks to the health, humanity, and constitutional rights of all individuals who experience pregnancy.
- There is a need to identify common ground for ensuring the safety, health, and rights of all pregnant individuals, irrespective of ideological divides.
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