The U.S. Supreme Court leak confirmed suspicions: Roe v Wade is in danger and abortion access is on the line. The overturning of Roe will have some negative implications on the future of reproductive rights, even in Canada.
The leak—as reported by Politico—tells us that the Supreme Court voted to overturn Roe in an initial draft majority written by Justice Samuel Alito. The draft called for an overturn of 1973’s Roe v Wade, the proceeding that secured the right to abortion, as well as 1992’s Planned Parenthood v Casey, which upheld it.
If the motion goes through, the jurisdiction of abortion would return to individual states, several of which have existing laws that would reinstate abortion bans or restrictions immediately upon the decision’s overturn. Approximately half of the country is expected to enact abortion bans post-Roe.
“The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion,” the draft stated. “Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.”
The decision will not be final until its publication, which, is not actually known. The Supreme Court term typically concludes the last week of June or the first week of July, so most likely before then.
Roe’s overturn would severely reduce access to abortion, and these barriers are significantly greater for low-income and racialized women.
The cost of abortions would increase yet access would be limited. Travelling out of state or crossing the border is an extra expense of both time and money not always accessible to lower-income earners who are statistically more likely to become pregnant or seek out an abortion.
A study conducted by the American Economic Association that followed women who were denied abortions found that those denied the procedure struggled more financially after the fact.
The access may wane, but the motivations for seeking out an abortion and the desperation of some to get one won’t. People will always seek out abortions.
Anti-abortion legislation results in an increased financial burden on people across the country.
In many instances, abortion access is life or death. Those who are desperate are forced into either raising families they cannot afford or putting their lives at risk for the abortion they need.
Fundamentally, these findings present a shift in the everyday lives of people through the changing attitudes towards abortion as a whole. The lack of legal protection would ultimately reduce abortions, making the practice increasingly taboo, and would subject women to shame and lack of support, even in areas with protective legislation.
The potential strike down of Roe after a half-century of its protection tells us Canada is not immune either. Roe’s longevity and the fight to keep it have not prevented its overturn.
The lives of people in Canada are inexplicably linked to Roe’s fate as the precedent for its overturn could spark anti-abortion initiatives across the border. Its possibility opens a door for anti-abortion legislation here in Canada because the anti-abortion culture is bound to seep through the boarders.
The push and pull of legislation regarding abortion has always existed throughout Roe’s tenure highlighting the fact that abortion is a divisive topic. The constant scrutiny proves this right will always be challenged.
Roe’s future should prompt a wake-up call for Canada. We must evaluate how safe our abortion protections are: Whether Canadians are taking them for granted, and how we can act to prevent these rights from befalling a similar fate.
Graphic by Sara Mizannojehdehi
