Abortion bans in the United States have far-reaching consequences beyond just privacy rights, according to an article by Michele Goodwin. Since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization in 2022, 21 states have imposed abortion bans, with 14 states banning abortions outright. These bans have resulted in tragic cases, such as the criminal charges faced by Brittany Watts for her handling of a miscarriage. Watts was denied the necessary care due to the state’s abortion ban, and police raided her home after she miscarried to search for fetal remains. Similarly, the Texas Supreme Court blocked Kate Cox’s abortion, forcing her to flee the state to receive the life-saving care she needed.
These cases are just a fraction of the chaos and cruelty unleashed after the Dobbs decision. Reports of pregnant women bleeding for days without medical intervention, criminal prosecutions involving miscarriages, and women suffering near-fatal conditions before seeking care elsewhere have become increasingly common. The Fifth Circuit has even ruled that the federal Emergency Medical Treatment and Active Labor Act, which requires life-saving care in emergencies, does not apply when an abortion is needed. This poses a significant threat to public health and safety.
Abortion bans also violate various constitutional freedoms, human rights, and civil liberties. They undermine pregnant people’s basic human and constitutional rights to life and liberty, as guaranteed by the 14th Amendment. The Supreme Court’s ruling in Dobbs restores the notion that women’s equality is contestable and that their right to bodily autonomy deserves lesser protection than a man’s. Abortion bans also infringe on the First Amendment’s protection of free speech and association, as pregnant women may be unable to consult with loved ones or access information about abortion. The Fourth Amendment’s right to privacy is compromised by the surveillance and policing of pregnant women’s pregnancies, resulting in unlawful searches and seizures of medical records.
These violations of life and liberty occur in a country where the United States ranks last among developed nations in terms of maternal mortality and morbidity. Antiabortion laws not only decimate abortion rights but also threaten the rule of law itself and disregard women’s right to life and human dignity. The consequences of these abortion bans are far-reaching and deeply concerning.
