America doesn’t want Roe v. Wade overturned.
America is a nation divided. Roe v. Wade, the landmark Supreme Court decision that legalized abortion in America, was passed on January 22nd, 1973. For over forty years, it has been at the center of an ongoing debate about whether or not it should be overturned.
The issue of abortion has been brought to the forefront this year as we are witnessing a new surge in state legislation aimed at restricting access to reproductive health care services like contraception and abortion. With so much talk surrounding this topic, many people have taken time out of their day to voice their opinion on Roe v. Wade – but what do Americans really think?
The court case of Roe V. Wade
In Roe v. Wade, the Supreme Court ruled that a woman has the right to have an abortion until she can safely give birth and provide for the child. The landmark decision was passed on January 22nd, 1973 – but today, many people are asking whether or not America should overturn this law to make it illegal once again.
Roe v. Wade changed how women could control their reproduction personally and politically at a highly personal point of life. Although, the pro-choice case is widely accepted as an example of judicial activism.
Roe v. Wade has established a political ground that is used to legitimate the legality of abortion. The ruling has been protested by pro-life and pro-choice advocates, making it an important part of American political culture and legal history. Contemporary interpretations and applications of the ruling reflect its prominence in American culture and social consciousness.
Arguments for overturning Roe V. Wade
This is not about whether abortion should be legal or whether one should have the right to control their own body. This case has nothing to do with that. As I make clear in my dissent, our decision is rooted in the Constitution’s guarantee of liberty, not the Constitution’s mandate of free abortion on demand.
This case is about the entrenched protection core liberty of all Americans enjoys the right to define one’s own existence, free from unwarranted governmental interference.
The arguments for overturning Roe v. Wade are that the current ruling violates federalist principles, is a clear example of judicial activism, and has not been established as a law because 50 states never ratified it.
Judicial Activism: The abortion case Roe V. Wade is an excellent example of how judges can take action beyond their designated powers. While it has been made the law of the land, 50 states have not ratified the decision. Abortion is a contentious issue in the United States and has always been a complicated one.
Judicial activism is defined as judges taking action beyond their designated powers. This is not to say that the courts shouldn’t interpret laws or strike down unconstitutional law, but rather that judges should remain within their jurisdiction and not try to pass decisions based on personal preferences. Roe V. Wade is an example of judicial activism because it attempts to expand the land laws and change the decision by five justices.
50 states have not ratified Roe V. Wade: To render a law valid, each state must approve a measure. Since Roe V. Wade was passed in 1973, only four states have ratified the decision while another 19 have either decided not to or are still considering it. Although it is law, none of the 50 states have adopted Roe V. Wade as their law.
Arguments for keeping Roe v. Wade
Legal abortions are an economic boon to the United States: Legal abortions have generated medical facilities, biomedical and pharmaceutical research companies, and insurance carriers. Legalized abortion has also created jobs in the medical and service industry sectors. If these services cease to be provided, there will be a disruption of employment.
Additionally, a 2005 article in the “Journal of American Physicians and Surgeons” suggested a few important arguments on why America should not overturn Roe v. Wade. The first argument was that it benefited the United States economically by giving women the right to make their own decisions about their own bodies.
The second argument was that it protected women, especially those who are low income or marginalized due to poverty and discrimination. Also, it helped other people feel safer because they are less likely to have unwanted pregnancies if they know that abortion is available.
The Roe v. Wade decision has not only affected women and their reproductive rights, but it has affected the abortion debate in the United States as well. It has become a point of controversy, especially in legal and political circles, with both sides arguing for abortion to be legalized or outlawed.
Roe v. Wade is one of the most controversial decisions in United States legal history. The debate over whether or not it should be overturned has been raging for decades.
While the decision protects a woman’s right to an abortion, it does nothing to outlaw them or restricts them from happening. There are no laws in place that say women are required to have an abortion, but it gives them legal protection if they choose to have one. The decision was monumental in multiple ways.
Should Roe v. Wade be Overturned?
The rights of the unborn child come into question. A child is a human being and has their own rights, which the Constitution protects. Roe v. Wade omits them from its considerations altogether in favor of the mother’s right to privacy (right to an abortion).
America doesn’t want Roe v. Wade overturned
The majority of Americans don’t believe that Roe V. Wade should be overturned. The Roe v. Wade decision was monumental in many ways, and it is still relevant today.
The majority of Americans don’t want Roe V. Wade overturned because they see the rights given to women with its passage as a positive thing for society, even if they are not actively pro-choice themselves.
The opinion on Roe v. Wade varies depending on the self-identified level of each individual’s pro-choice/pro-life stance. Individuals who identify as “Somewhat Pro-Life” are not partisan to either side; 37% of these individuals want Roe v. Wade upheld, and 33% want it overturned, while 30% are no sure. [YouGov]
Religious Americans Are Not Fully Settled on This Matter Either
Generally, pro-life Americans are more likely to be religious. However, there is no significant difference compared to the general population in terms of wanting Roe v. Wade upheld or overturned.
Even though Catholics are more likely than other Americans to say they are “pro-life,” a plurality (43%) of Catholics do not want Roe v. Wade overturned. Only one-third of Catholic respondents, in contrast with 31% of all Americans, want it overturned.
Americans who register as Protestant are more “strongly pro-life” than the general population, though they are split about whether Roe v. Wade should be overturned:(41% vs. 27%).
According to a new study, most Protestant denominations are in agreement with abortion – pro-life or pro-choice. The United Church of Christ (67%), Episcopalians (65%), Methodists (55%), Presbyterians (54%), and Lutherans (52%) do not want Roe v. Wade overturned.
Americans are split on Roe v. Wade – with just under half of respondents saying they want it overturned and 45% opposing this idea.
Nondenominational Americans (61%) and Baptists (55%) are more likely to consider themselves pro-life than pro-choice, yet the majority of both do not want it overturned.
Split By State
At the state level, lawmakers often propose abortion-related legislation that could trigger a legal challenge to Roe v. Wade. But even in the US, where residents identify as the most strongly pro-life, a plurality does not want Roe overturned.
A plurality of voters in Louisiana, the state that will send its upcoming case to the Supreme Court (June Medical Services v. Gee), also want to keep Roe v. Wade intact. About three in ten (28%) want it overturned, while about two in five (39%) want it maintained.