Abortion Rights Post-Roe vs. Wade

So let's look at the landscape of abortion rights in the U.S. after Roe versus Wade, including and up to today, this moment, actually, since things are still up in the air. So since Roe versus Wade was enacted, there have been lots of different legal limits put on it. that have changed abortion rights in the U.S. ever since the 70s. And this is happening because it's such a big issue even to today. And it affects a significant portion of women. An estimated 20, almost 24 percent of women will have an abortion in their lifetimes. So It's not an insignificant number. It's in the millions of people. So it's not surprising that these legal decisions have continued to restrict or adjust the rights that were given in Roe versus Wade. And there's a ton of statistics. We won't go over all of this. But generally speaking, the numbers of abortions have gone down over the years. The vast majority of them are performed at nine weeks or less. So again, that first trimester structure. And I mean, nearly all of them, almost 93% in the statistics since from 2019, 93% were performed at less than 13 weeks. So. extremely rare to have any abortion after the first trimester. This idea of late-term abortion is really not a real thing. It occurs in a very, very, very small number of pregnancies, usually in very extreme circumstances regarding the health of the mother or the baby, but usually that the baby will not survive after it is born. And we have much better mortality in relation to abortion. Only two women died in 2018 from legal abortion. So it's a safe procedure over the years. It has been developed into a very safe procedure. And so this political landscape has split from around the time of... of the original Roe versus Wade decision. And the one side calls themselves pro-life. That is a little bit of a loaded term. So we could also just say that they are anti-abortion. And this group has significant religious support from different religions. And they typically appeal. Their rhetorical appeals are emotional through, you know, pictures of children, pictures of fetuses, pictures of little, you know, unborn baby's hands to build support for their side. And they have been successful over the years in limiting the rights given in Roe versus Wade. Among them. The Helms Amendment in 1973, that same year as Roe versus Wade, limited the use of any U.S. foreign aid to other countries for abortion. So let's say we're sending money to help another country with women's health care that cannot be used for abortions. And similarly, the Hyde Amendment in 1977 said no funds, public funds can go toward abortion services in the U.S. either. And that issue of the trimesters that was set down in Roe versus Wade was changed in 1992 with Planned Parenthood v. Casey, in which it acknowledged this issue for many people of the viability of the fetus. Could this fetus survive as a child if it is born at that time? And so... That is based on the state, the government having a competing and compelling interest in the life of the fetus, as well as in the mother's health and the mother's wishes. So that overturned that trimester system and created this sort of moving target of okay before this point in the pregnancy and not okay after. And there have been lots of other laws. including requiring parental consent for minors, requiring women to have mandated waiting periods between seeking and obtaining an abortion, requiring they be counseled, etc. And then this, the pro-choice side, what is called pro-choice, or you could just say are promoting abortion rights, also has some rhetorical techniques. In particular, the wire clothes hanger as a symbol of, you know, never again, we will not go back to the illegal and unsafe abortions prior to Roe versus Wade. So that's a really, you know, they're compelling rhetorical imagery. And this side of this political division also has support from some religious organizations. The Religious Coalition for Reproductive Choice. And another example is the Jewish faith, which typically not only condones abortion, but insists on it in case of a threat to the mother's life and health. So really interesting to contrast that with the support on the other side. And then Planned Parenthood is really significant. actor as part of this pro-choice side. And they are the single largest reproductive health care provider in the United States. They have received government funding since even before Roe versus Wade. And we know that this is really typically about a third of their income. And of course, none of that can go toward abortion services because of those amendments. legislation we were just talking about. And it's significant to understand that abortions are only about 4% of the services they provide. In contrast, they are providing millions of pap smears and other cancer screenings, tests for sexually transmitted diseases and treatments for those, and birth control services. So they're really a target for anti-abortion. people, but that's really not what they're doing primarily. And then, of course, we're getting beyond history into current events, but just in June 2022, the Supreme Court overturned Roe vs. Wade. They ruled that the argument that the 14th Amendment due process clause gives a woman the right to privacy. They said that was not an appropriate constitutional argument and overturned this. And so now the states have the right to regulate or ban abortions. And so this is now a local law and public opinion issue locally. Right. It's not a federal right. And it's interesting to note that in this poll done in 1995. Around 60% of Americans polled believed that some abortions should be legal in some or all or most cases, right? And there's a small number that think abortion should always be available no matter what. And a slightly larger but still small proportion say it is always unacceptable. So the majority of Americans, at least in this poll, believe that some. if not all abortions should be legal. So the Supreme Court is not upholding that, at least in interpreting this specific aspect of the Constitution. And so looking at the landscape of this now, we have 13 states that completely ban abortion with no exceptions for rape and incest, except for Mississippi of those that does have an exception for rape. It's hard to understand why you wouldn't allow this for incest, but that is the decision that's been going on in these states. That's my opinion. It's hard to understand. Some states have gestational limits so that, you know, that boundary after which an abortion may not happen. And the one example of Georgia, it's six weeks. And many people do not know that they are pregnant that early in the pregnancy. So essentially, that is banning all abortions. And by contrast, there are six states who either have directly put the right to abortion in their state constitution or their state Supreme Court has ruled that their constitution covers that right. So it's fascinating to see this spectrum of the different states. And lots of states have not really, well, every state has said something about it, but in some states, these things are still under contention. And in Idaho in particular, which has completely banned abortion. It is also now a crime as of April 2023 to help a person under 18 leave the state to obtain an abortion. And Idaho has framed this as an issue of parental rights over the care of their minor children. But then other people are arguing that you cannot restrict people's travel from one state to another. And in fact, in a different context, some of the Supreme Court justices have upheld that idea that you can't restrict people in this way. So we'll see if that law goes to the Supreme Court and is decided upon in the future. And then again, just right now, in recent months, as I'm recording this, the FDA has made. um mifepristone which is this medication that allow that induces abortion chemical abortion abortion um that it can be sold through the mail and it does not have to be sold directly by physicians um but then in april 2023 that was on hold that has been put on hold and we have two federal judges giving opposing rulings well not rulings but preliminary injunctions um that say that the original The one judge says the original approval by the Food and Drug Administration of Mifepristone in 23 years ago was not valid. And then this other judge is saying, well, no, wait, that's not an appropriate ruling. And so there's contention about this. And literally today, as I'm recording this, the Supreme Court has temporarily. said that this drug must remain available through the mail while they go through this legal process and look at these rulings. So it's kind of up to the minute about access to this form of abortion. And this is just to finish up, this is a really significant issue because it's the the judicial branch trying to say that something the executive branch did was invalid. And the argument is based on the actual science. They're actually saying that the FDA didn't do appropriate review and testing of this drug. And the FDA is already saying, well, that's ridiculous. It's more regulated and strictly controlled than most other drugs on the market. So it's a little bit of wrangling between the different branches of government. So this gives you a picture. of how this issue is sustained in our nation, all the way from Roe versus Wade as kind of this moment to today. So just to sum up, this story is complicated, and it's not just historical, but it's an example of something important happening in history that is still continuing to affect us today. through lots of different laws and different wrangling over those laws and competing legislation. And then really important shifts in political rhetoric and divisions in politics. And then, you know, as I said, up to the minute, literally just, you know, five minutes before I recorded this, I saw that the Supreme Court had made that temporary injunction. So these things are happening fast. and affecting millions of women today.

An estimated 20, almost 24 percent of women will have an abortion in their lifetimes. So It's not an insignificant number. It's in the millions of people.

So it's not surprising that these legal decisions have continued to restrict or adjust the rights that were given in Roe versus Wade. And there's a ton of statistics. We won't go over all of this. But generally speaking, the numbers of abortions have gone down over the years.

The vast majority of them are performed at nine weeks or less. So again, that first trimester structure. And I mean, nearly all of them, almost 93% in the statistics since from 2019, 93% were performed at less than 13 weeks. So.

extremely rare to have any abortion after the first trimester. This idea of late-term abortion is really not a real thing. It occurs in a very, very, very small number of pregnancies, usually in very extreme circumstances regarding the health of the mother or the baby, but usually that the baby will not survive after it is born. And we have much better mortality in relation to abortion. Only two women died in 2018 from legal abortion.

So it's a safe procedure over the years. It has been developed into a very safe procedure. And so this political landscape has split from around the time of...

of the original Roe versus Wade decision. And the one side calls themselves pro-life. That is a little bit of a loaded term. So we could also just say that they are anti-abortion. And this group has significant religious support from different religions.

And they typically appeal. Their rhetorical appeals are emotional through, you know, pictures of children, pictures of fetuses, pictures of little, you know, unborn baby's hands to build support for their side. And they have been successful over the years in limiting the rights given in Roe versus Wade.

Among them. The Helms Amendment in 1973, that same year as Roe versus Wade, limited the use of any U.S. foreign aid to other countries for abortion. So let's say we're sending money to help another country with women's health care that cannot be used for abortions.

And similarly, the Hyde Amendment in 1977 said no funds, public funds can go toward abortion services in the U.S. either. And that issue of the trimesters that was set down in Roe versus Wade was changed in 1992 with Planned Parenthood v. Casey, in which it acknowledged this issue for many people of the viability of the fetus. Could this fetus survive as a child if it is born at that time?

And so... That is based on the state, the government having a competing and compelling interest in the life of the fetus, as well as in the mother's health and the mother's wishes. So that overturned that trimester system and created this sort of moving target of okay before this point in the pregnancy and not okay after.

And there have been lots of other laws. including requiring parental consent for minors, requiring women to have mandated waiting periods between seeking and obtaining an abortion, requiring they be counseled, etc. And then this, the pro-choice side, what is called pro-choice, or you could just say are promoting abortion rights, also has some rhetorical techniques. In particular, the wire clothes hanger as a symbol of, you know, never again, we will not go back to the illegal and unsafe abortions prior to Roe versus Wade.

So that's a really, you know, they're compelling rhetorical imagery. And this side of this political division also has support from some religious organizations. The Religious Coalition for Reproductive Choice.

And another example is the Jewish faith, which typically not only condones abortion, but insists on it in case of a threat to the mother's life and health. So really interesting to contrast that with the support on the other side. And then Planned Parenthood is really significant. actor as part of this pro-choice side. And they are the single largest reproductive health care provider in the United States.

They have received government funding since even before Roe versus Wade. And we know that this is really typically about a third of their income. And of course, none of that can go toward abortion services because of those amendments. legislation we were just talking about. And it's significant to understand that abortions are only about 4% of the services they provide.

In contrast, they are providing millions of pap smears and other cancer screenings, tests for sexually transmitted diseases and treatments for those, and birth control services. So they're really a target for anti-abortion. people, but that's really not what they're doing primarily.

And then, of course, we're getting beyond history into current events, but just in June 2022, the Supreme Court overturned Roe vs. Wade. They ruled that the argument that the 14th Amendment due process clause gives a woman the right to privacy. They said that was not an appropriate constitutional argument and overturned this.

And so now the states have the right to regulate or ban abortions. And so this is now a local law and public opinion issue locally. Right. It's not a federal right.

And it's interesting to note that in this poll done in 1995. Around 60% of Americans polled believed that some abortions should be legal in some or all or most cases, right? And there's a small number that think abortion should always be available no matter what. And a slightly larger but still small proportion say it is always unacceptable.

So the majority of Americans, at least in this poll, believe that some. if not all abortions should be legal. So the Supreme Court is not upholding that, at least in interpreting this specific aspect of the Constitution.

And so looking at the landscape of this now, we have 13 states that completely ban abortion with no exceptions for rape and incest, except for Mississippi of those that does have an exception for rape. It's hard to understand why you wouldn't allow this for incest, but that is the decision that's been going on in these states. That's my opinion.

It's hard to understand. Some states have gestational limits so that, you know, that boundary after which an abortion may not happen. And the one example of Georgia, it's six weeks.

And many people do not know that they are pregnant that early in the pregnancy. So essentially, that is banning all abortions. And by contrast, there are six states who either have directly put the right to abortion in their state constitution or their state Supreme Court has ruled that their constitution covers that right.

So it's fascinating to see this spectrum of the different states. And lots of states have not really, well, every state has said something about it, but in some states, these things are still under contention. And in Idaho in particular, which has completely banned abortion.

It is also now a crime as of April 2023 to help a person under 18 leave the state to obtain an abortion. And Idaho has framed this as an issue of parental rights over the care of their minor children. But then other people are arguing that you cannot restrict people's travel from one state to another.

And in fact, in a different context, some of the Supreme Court justices have upheld that idea that you can't restrict people in this way. So we'll see if that law goes to the Supreme Court and is decided upon in the future. And then again, just right now, in recent months, as I'm recording this, the FDA has made.

um mifepristone which is this medication that allow that induces abortion chemical abortion abortion um that it can be sold through the mail and it does not have to be sold directly by physicians um but then in april 2023 that was on hold that has been put on hold and we have two federal judges giving opposing rulings well not rulings but preliminary injunctions um that say that the original The one judge says the original approval by the Food and Drug Administration of Mifepristone in 23 years ago was not valid. And then this other judge is saying, well, no, wait, that's not an appropriate ruling. And so there's contention about this.

And literally today, as I'm recording this, the Supreme Court has temporarily. said that this drug must remain available through the mail while they go through this legal process and look at these rulings. So it's kind of up to the minute about access to this form of abortion.

And this is just to finish up, this is a really significant issue because it's the the judicial branch trying to say that something the executive branch did was invalid. And the argument is based on the actual science. They're actually saying that the FDA didn't do appropriate review and testing of this drug.

And the FDA is already saying, well, that's ridiculous. It's more regulated and strictly controlled than most other drugs on the market. So it's a little bit of wrangling between the different branches of government. So this gives you a picture.

of how this issue is sustained in our nation, all the way from Roe versus Wade as kind of this moment to today. So just to sum up, this story is complicated, and it's not just historical, but it's an example of something important happening in history that is still continuing to affect us today. through lots of different laws and different wrangling over those laws and competing legislation. And then really important shifts in political rhetoric and divisions in politics.

And then, you know, as I said, up to the minute, literally just, you know, five minutes before I recorded this, I saw that the Supreme Court had made that temporary injunction. So these things are happening fast. and affecting millions of women today.

Transcript for:Abortion Rights Post-Roe vs. Wade

Transcript for:
Abortion Rights Post-Roe vs. Wade