Abstract

Roe v. Wade has once again entered into the limelight over speculations about its judgement being overturned or its viability standard tossed out due to a case called Dobbs v. Jackson Women’s Health Organization. In her confirmation hearing, Justice Amy Coney Barrett proclaimed that the landmark decision in Roe v. Wade is not a “super precedent” and hence not making it absolute and by extension, opening up the possibility of it being overturned. Justice Amy Coney Barrett was nominated by then U.S. President Donald Trump within eight days of the death of Ruth Bader Ginsburg – a pioneer of women’s rights and a liberal icon. With her elevation to the Supreme Court, it was speculated that there will be profound consequences for health care and policy. This puts the future of Roe v. Wade, a cornerstone in women’s reproductive rights, in a speculative state. This crisis arises as a Mississippi law banning abortions post fifteen weeks of pregnancy was to go under review by a conservative majority. As of now, there are at least ten states that have such legislation that abortion restrictions may get triggered if Roe v. Wade were to be overturned. In furtherance to this, many people believe that with a new case viz. Dobbs v. Jackson’s Women’s Health Organization being listed for hearing in the SCOTUS, the Court might try to utilise the case as a catalyst to significantly weaken, if not eliminate, the constitutional constraints on the state governments’ ability to restrict the access to medical termination of pregnancy. This paper analyses the historic case of Roe v. Wade, from the life story of Norma McCorvey (a.k.a. Jane Roe) to the important legal arguments and interpretations of Amendments that strengthened the right of privacy and invariably led to the reasonable regulation of abortion.

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