Background information
Dobbs v. Jackson Women’s Health Organization is a pending U.S. Supreme Court case dealing with the constitutionality of a 2018 Mississippi state law that banned abortion operations after the first 15 weeks of pregnancy. Lower courts had ruled in preliminary injunctions to prevent enforcement of the law on the basis that the law violated the holding of women’s rights in Planned Parenthood v. Casey, which generally allows a woman to opt for abortion within the first 24 weeks. Jackson Women’s Health is the only licensed abortion clinic in Mississippi. If the Supreme Court rules in favour of the state, it will essentially overturn Roe v Wade.
Roe v. Wade, (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects a pregnant woman’s liberty to choose to have an abortion without excessive government restriction. The decision struck down many U.S. federal and state abortion laws.
The Supreme Court revisited and modified Roe‘s legal rulings in its 1992 decision Planned Parenthood v. Casey. In Casey, the Court reaffirmed Roe‘s holding that a woman’s right to choose to have an abortion is constitutionally protected, but abandoned Roe‘s trimester framework in favor of a standard based on fetal viability and overruled the strict scrutiny standard for reviewing abortion restrictions.
On May 2nd 2022, Politico released a leaked draft opinion from Supreme Court Justice Alito that would override Roe v Wade if it is adopted in June, when the final decision is expected: https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473
Q&A on Roe v Wade
Has Roe v Wade been overturned?
No, the leak draft opinion is not legally binding. However, it gives a terrifying indication of the direction towards which the Supreme Court of the United States (SCOTUS) is heading.
When will we know the final outcome of the case?
The final ruling will come in the next two months, likely in June 2022.
Can women and girls still access abortion care services in the US?
Yes, abortion remains legal in the US. People seeking abortion care can use Planned Parenthood’s abortion clinic finder tool and abortionfinder.org. People can also access medical abortion pills and information from Aid Access and Plan C.
If Roe v Wade is overturned, will there be a rise in unsafe abortions in the United States?
Banning safe and legal abortion does not reduce the need for abortion, it only increases the likelihood that people will be forced to turn to alternative methods, some of which will be unsafe. Twenty-six states are poised to enact “trigger laws” that will severely limit or ban all together abortion within that state. This would mean that over 36 million people of reproductive age risk losing abortion access, with low-income people and people of color most affected as they face a number of intersecting barriers to healthcare. However, due to the availability medical abortion and access via organizations like Aid Access, Women on Web and Plan C, we hope that this will significantly reduce the risk of pregnant people being forced to turn to unsafe methods.
What are the global implications if Roe v Wade is overturned?
There is no doubt that anti-abortion movements around the world will feel emboldened by any ruling that prohibits or bans abortion care. We cannot assume that these coercive movements won’t use the same tactics to dismantle abortion care in their countries. This is something IPPF will monitor closely and work to mitigate.
If Roe v Wade is overturned, will this affect IPPF’s and/ or Member Associations funding or the Global Gag Rule?
The Roe vs Wade decision is a domestic legal issue decided by the SCOTUS.
US foreign assistance funding amounts, priorities, and restrictions are determined separate processes and will not change as a result of a court ruling about Roe v. Wade. Specifically, the Biden Administration has lifted the Global Gag Rule so organisations like IPPF and its MAs are eligible to apply for USAID funding. Also, the US has a long-standing law in place that prohibits US foreign assistance funds from supporting abortion services. That said, the impact of this decision will be felt by women around the world as unfair and reckless policies only serve to embolden other extremist and anti-abortion movements that seek to deny or claw back the rights of women and LGBTI+ people everywhere.
What is IPPF’s role in the current situation?
- The role of IPPF will be to build momentum toward a different decision.
- The worst-case scenario is that by this summer 36 million women of reproductive age in the US will be directly affected by more restrictive state laws or outright bans.
- We stand in solidarity with PPFA and will be amplifying their messages across IPPF networks and platforms.
What are IPPF’s key messages?
- The leaked document is a draft opinion, not a final decision and not law. Abortion is still legal in the US
- There is still time for SCOTUS to make the right decision – one rooted in dignity, liberty and freedom for people seeking safe and legal abortion care.
- This decision will harm millions of women and girls for decades to come.
- It denies women and girls of their liberty, bodily autonomy and freedom – values that the United States prides itself on.
- There will be global fallout as overturning of Roe V Wade will embolden other anti-woman and anti-reproductive freedom movements around the world to force women and girls through unwanted pregnancies.
- Banning abortion does not mean fewer abortions. People who need abortions will find a way and reducing access to safe abortion counselling and services will result in serious mental and physical harm and in some cases, death.
- IPPF will do all it can to ensure women will not be forced through a pregnancy against their will or consent.
What do I do if I’m contacted by media?
Please forward any email requests to media@ippf.org