America's Regression on Women's Rights

The United States has long embraced the idea of progress and equality. Our nation has assumed the role as a world leader, advocating for and defending human rights and social justice. So why does it seem that the United States is regressing socially?

Recently, the Texas House of Representatives and state Senate both voted to approve and send Senate Bill 8 (SB8), a controversial and incredibly restrictive abortion bill, to Republican Governor Greg Abbott’s desk. This new bill limits abortions to the first six weeks of a woman’s pregnancy and bans abortions after that point. The bill also relies on Texas citizens to monitor and report any potential violations of this law, incentivizing this with up to $10,000 in rewards for suing any violators, as well as coverage for legal fees.

The passage of SB 8 has made Texas one of the strictest states in the country on abortion. However, the bill was met with legal challenges, leading it ultimately into the docket of the U.S. Supreme Court (SCOTUS). The Supreme Court ruled 5-4 with all three liberal justices as well as Chief Justice John Roberts dissenting. In his dissent, Roberts called the bill “unusual and unprecedented.” Offering a more scathing review of the bill, Justice Sonya Sotomayor called the ruling “stunning” in her dissent and said that “the act is clearly unconstitutional under existing precedent.”

Following the ruling from SCOTUS, states have been scrambling to write laws of their own to restrict abortion access. In states like Florida, Governor Ron DeSantis (R) as well as Speaker of the State House Chris Sprowls (R) have called for legislation following Texas’ lead, and Mississippi has sent another challenge to the Supreme Court. If justices rule similarly, this challenge could lead to the complete overturn of Roe v. Wade. If this were to happen, several more states have laws referred to as ‘trigger laws’ which would ban abortion in their state immediately in the scenario that Roe is overturned.

Ultimately, Sotomayor is right. This bill and the court’s ruling are a complete break from established precedent and set a worrying tone for the SCOTUS. Roe v. Wade has been viewed as an established precedent since its ruling in 1973. Now, with the 6-3 conservative leaning of the court, it’s facing a complete overturn. To place a near ban on abortion would deny women their fundamental right to healthcare in this country. Not only does this bill break from legal precedent, it breaks from public opinion. A poll performed by Pew Research in May of this year showed abortion garnering support from a majority of Americans, with 59% supporting it in most or all cases, and only 39% opposing it outright.

In order to protect a woman’s right to choose in our country, it’s time to codify Roe v. Wade before it faces a full overturn by the Supreme Court. However, due to current senate rules regarding the filibuster, a rule that allows the minority party to raise the vote threshold on legislation to 60 instead of 51, it is unlikely to become codified unless Senate Democrats act to abolish this procedural rule. If they did, Senate Dems could possibly receive crossover support from Sen. Lisa Murkowski (R-AK) and Sen. Susan Collins (R-ME), while passing the bill in the House of Representatives due to Democratic control of the chamber. It is ultimately a woman’s right to choose, and I believe it’s time to ensure that women in this country are guaranteed that right.