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Roe decision sets off massive but uneven effects, experts say


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The U.S. Supreme Court decision Friday overturning the landmark Roe v. Wade and 1992 Planned Parenthood v. Casey judgments announced in a rare leak last month is likely to have broad, but varying, effects nationally, several said. UO experts.

One thing that seems clear is that the legality of abortion is now returning to the laws in every state. In Oregon, reproductive rights are enshrined in state statutes. That means that access to abortion and related rights are unlikely to change because of the court’s ruling.

“I suspect the Oregon Supreme Court would argue that their interpretation of the state’s constitutional mandate is that it would protect a person’s right to choose to have an abortion,” said Alison Gash, an associate professor of political science who studies law and social responsibility. studies policy. , in an interview with Oregon Public Broadcasting after the ruling was announced. “But that becomes largely unnecessary if the state’s legal obligations are left on the books.”

News of the ruling is less shocking after news of the court’s draft decision was leaked to Politico last month.

“It’s no shock that the majority voted to end Roe. I expected that,” said Garrett Epps, a law professor who wrote an op-ed in the Washington Monthly in May. “It is shocking that Alito’s tone is so arrogant and contemptuous. Alito seems to be announcing that there is a new sheriff in town and that precedent is no longer a thing.

For that reason, his light-hearted assurance that this opinion is irrelevant to other myriad rights issues (e.g. same-sex marriage, birth control, interracial marriage, etc.) sounds to me as hollow as the ‘piece of paper’ Neville Chamberlain waved to show that Germany never would go beyond the Sudetenland. It is a very badly executed opinion and the misogyny is evident everywhere.”

The court’s decision is already fueling debate not just about abortion, but about reproductive rights that affect most Americans in one way or another. Those include enacting existing abortion bans in nearly half the states; potential implications for other reproductive health care issues, including transgender health care and in vitro fertilization; and broad laws already on the books in states that criminalize things like travel for abortions, explore how to get an abortion, help someone get an abortion, and even whether a doctor can say the word “abortion” in a patient consultation.

This decision also holds the potential to overturn legal precedents in other areas, including same-sex marriage.

“The content of this decision will be quite dramatic and raise a lot of questions,” Gash said in May when discussing the draft decision. “There are about 23 states with pre-Roe bans. The question is whether those laws are still good. Can they stand legal scrutiny? Then there is the question of how many more states will follow. There is also the question from Congress. Will they enact a federal ban? How will that affect the 16 or so states with protective laws? Then there’s how it will affect other cases, such as same-sex marriage. This could set a precedent that affects is entitled to other issues that were considered.”

Krystale E. Littlejohn, an assistant professor of sociology, wrote in the Washington Post about the effect a destroyed Roe will have on other reproductive rights, including birth control.

“While there is no doubt that access to contraception has improved (since 1973), which is good for reproductive autonomy, contraception is not a viable alternative to abortion,” she said. “Put simply, people who have abortions use birth control, and people who use birth control have abortions.”

Supreme Court to Overthrow Roe v. Wade, Leaked Draft Opinion Shows

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Quote: Roe decision causes huge but uneven effects, experts say (June 2022, June 27) retrieved June 27, 2022 from https://phys.org/news/2022-06-roe-decision-massive-uneven-effects.html

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