Leaked! The Debate That Has Been Raging For Almost 50 Years

Today, we have a slightly different kind of story. One decided half a century ago. But now, that could change significantly. And that is the topic of whether abortion should be legal.

Why could it be about to change, and how do we know? It was because of a leak from an anonymous person, most presumably from an official or Justice. Politico first published the draft. It is still not clear if a leak of this sort is legal. Possibilities on that would get covered later. Anyway, this draft opinion shows that the U.S. Supreme Court is poised to overturn Roe v. Wade, the case that made abortion legal.

Before we talk about this ruling, we should first talk about what abortion is. When a person is pregnant, they have three options. The first is to carry it to term and then raise the baby. The second is to bear the pregnancy and then place the baby for adoption. And the third option is abortion. The reason for someone to make any one of these choices could vary. The person maybe had a pregnancy by mistake. There are two types. The first kind is medical, using pills prescribed by a doctor to end the pregnancy. The second kind is through surgery and often lasts ten to fifteen minutes, though it doesn’t involve the surgery most would come to mind. The doctor uses gentle suction to remove the fetus from the uterus through the vagina. Those who have experienced it have described the procedure as having tummy cramps. In some states, young people need their parents’ permission to get an abortion. Many, however, would seek judicial bypass by proving they’re mature enough to decide by themselves.

Anyways, back to this court case. To understand Roe v. Wade, we need to go back to 1969. Norma McCorvey, a Texas woman in her early 20s, wanted to terminate an unwanted pregnancy. She previously had given birth twice and had all given up for adoption. Abortion at the time was legal in Texas, but only to save a woman’s life. It was possible to pay large amounts of money to a doctor willing to do it illegally or travel to another country where abortion was safe and legal. But many people, including McCorvey, couldn’t afford that. After trying to get an illegal abortion and rendering unsuccessful, McCorvey got referred to Texas attorneys interested in challenging anti-abortion laws. In later court documents, McCorvey became known as “Jane Roe.”

In 1970, the attorneys filed a lawsuit on behalf of McCorvey and other women who wanted abortion rights against Henry Wade, the district attorney of Dallas County, where McCorvey lived. In June that year, a Texas district court ruled the Texas abortion ban was illegal since it violated a constitutional right to privacy. This case eventually made its way up to the Supreme Court and became the later famous court case Roe v. Wade. Meanwhile, McCorvey gave birth and put the baby up for adoption. On January 22, 1973, the Supreme Court struck down the Texas ban with a 7-2 vote, legalizing the procedure nationwide. The court ruled the 14th amendment protected a woman’s abortion right as a right to privacy.

So that was almost 50-years ago. But ever since this ruling, there have been two general sides to abortion. The biggest clash regarding abortion is whether it is a right. Those who think it is a right say it’s an extension of the 14th amendment, which is how the current ruling stands. However, those who disagree suggest that the Constitution didn’t include the right to abortion. Things began stirring after several states started banning abortions again, including Texas.

Now to some opinions on the leak itself. First of all, who leaked it? It is not entirely sure, but some people suspect it to be Ketanji Brown Jackson, who would be confirmed to the Supreme Court later this year. The problem with this theory is that since Judge Jackson is not yet on the court, she shouldn’t have access to whatever documents on the court. Charges could get filed (though we don’t know against who), but many think it’s not likely charges would get filed. Nonetheless, Chief Justice John Roberts has ordered an investigation into the leak. Either way, this leak of the draft opinion has already sparked protests outside the highest court in the U.S.

Regarding abortion morally, some think that it’s the same as killing a person. But should a fetus have the right to become a person? When does someone count as a person anyway? And does committing crimes against others’ rights take away one’s right as a person? And should all that be in the hands of the pregnant to decide? These are some questions that even many philosophers, politicians, and doctors, are yet to figure out. That’s the end of this production from the New News Newsminute. Thank you, and come back for more upcoming international news.