A leak from inside the U.S. Supreme Court told millions of women their right to privacy and reproductive health care will be eviscerated. The explicit draft majority opinion written by Justice Samuel Alito states that the famous cases Roe v. Wade and Planned Parenthood v. Casey will be reversed with a 6-vote majority. Over 50 years of women rightfully making their own health decisions could come to an end.

This shocking opinion doesn’t solely concern women. Roe v. Wade secured a woman’s right to choose under the due process clause of the 14th Amendment. The clause protects citizens from the state’s infringement on their own right to privacy. A reversal of Roe v. Wade would call into question every citizen’s right to privacy, especially in cases related to interracial and gay marriage, contraception and private sex.

Every citizen should be alarmed about a government body allowing states to interrupt private decisions, no matter their opinion of abortion. In addition, the leak of an undecided case risks our democratic order, as the Supreme Court now appears highly politicized and out of control to the general public.

The Unequivocal Need for Women to Choose

No matter your need for abortion, no government should have the right to interfere in medical decisions. The U.S. has the highest rate of mothers dying from childbirth compared to other developed nations, with deaths of women of color spiking in 2020. It is inhumane to force another to risk their life and wellbeing simply because they possess a cervix. 

On top of that, the U.S. is notorious for limiting access to proven methods of reducing abortions, like contraception and sex education. No regulations to healthcare exist for men, even though most could impregnate several women every day.

Abortions will continue after illegalization. As some states may ban traveling to others to receive an abortion, desperate women will find deadly ways to terminate their pregnancy. These individuals will include mothers, victims of sexual violence, child victims of incest, daughters, sisters and students. 

After Roe v. Wade, unsafe, illegal abortions dropped by 113, 000 in two years. Criminalizing abortion will lead to a deadly future for generations of women.

Threats to Privacy

The original decision in Roe says “state criminal abortion laws … violate the Due Process Clause of the Fourteenth Amendment, which protects against state action the right to privacy.” Women cannot be criminally prosecuted for receiving an abortion by a state, because the state has no right to interfere in private medical decisions.

Now, the court argues that the right to an abortion isn’t stated in the Constitution. However, neither is the right to privacy. Justice Alito claims Roe’s reasoning was “exceptionally weak,” despite previous cases using Roe as a strong basis for protecting citizens from states’ moral opinions. These cases include legalizing gay sex and interracial and gay marriage and protecting access to contraception. 

Legal experts have warned that striking down the protection of abortion could risk Americans’ right to marry and/or have sex with who they choose, and if they decide to have children. This threatens all Americans’ right to freedom and self-determination.

The Leak Undermines Our Democratic Order

The draft decision disregards the Court’s commitment to stare decisis, or following past decisions. The Court has a conservative majority, even though in theory it was created to be nonpartisan. A political court threatens the legitimacy and fairness of this decision and any others. 

For example, Justice Alito uses harsh and opinionated language, often using incorrect terms like “abortionist” to describe doctors who perform abortions. Justices who are unable to use factual evidence can’t be trusted to interpret our Constitution.

All of the conservative justices who make up the majority of the draft decision defended Roe in their confirmations, which calls into question their honesty to the American public.

The Supreme Court’s legitimacy and authority depend on its ability to judge fairly and determine the meaning of our laws. Our three-branch system requires an unbiased, apolitical Court to operate democratically. A politicized court is dangerous, especially considering citizens have little say in who can serve a lifetime term. If the court is swayed by its own personal feelings instead of following precedent, it can no longer be trusted in facilitating such broad, deadly decisions.

As a woman and survivor of sexual violence, I am horrified by the Supreme Court’s unlimited power to punish women and children for being born female. The majority of Americans support a woman’s right to choose. If the Court decides to be swayed by their own political beliefs and break the trust of Americans, their opinion should be reconsidered.

Generations of women are screaming in fear and desperation for their futures. If you aren’t frightened by this decision, it’s time to wake up.

[email protected]

@aya_hibben