As of 6:30 am, the fate of Roe v Wade remains in limbo — a status never more legally in question since the United States Supreme Court first handed down its Opinion in that case on January 22, 1973. [1-5]
During an appearance at The University of Chicago Law School titled “Roe v Wade at 40,” Associate Supreme Court Justice Ruth Bader Ginsburg made headlines by criticizing that decision. [6]
“‘My criticism of Roe is that it seemed to have stopped the momentum on the side of change,’ Ginsburg said. She would’ve preferred that abortion rights be secured more gradually, in a process that included state legislatures and the courts ….”
In as much as the United States Congress and executive branch have never codified nor refuted Roe as law, it would appear that they agree in terms of federal legislation.
Notably, the Democratic Party controlled both houses and the presidency throughout the time Jimmy Carter occupied The White House, as well as the first two years under Bill Clinton, Barack Obama, and Joe Biden. On the other side, Presidents George W Bush and Donald Trump worked with Congresses led by their parties from 2003 to 2007, and 2017 to 2019.
Current Senate Minority Leader Mitch McConnell has stated his belief that neither side is likely to be successful in passing abortion law of this scope in the foreseeable future. [7]
Indeed, a Bill advanced by Democrats last week secured to garner needed full support of its own party when Senator Joe Manchin of West Virginia stated that he would be opposing it last Wednesday afternoon. Having stated that he “would vote for a bill that would legalize abortion on the federal level, the bill before the Senate now ‘is not what I was hoping for and what I expected’ because it goes too far. [8]
‘I was hopeful that the Democratic Party having control of the agenda would put a piece of legislation forward that would codify Roe v. Wade,” Manchin said ….
‘To me, that would be the reasonable, rational thing to do. The bill we have today to vote on, Women’s Health Protection Act … make no mistake, it is not Roe v Wade codification, it is an expansion. It wipes … 500 state laws off the books. It expands abortion ….’
With that, it would fall back to the states. [9]
On May 3, CNN note that thirteen “states have passed so-called ‘trigger laws,’ bans designed to go into effect if Roe v Wade is overturned. [10]
The 1973 Roe v Wade court decision affirmed the right to receive an abortion under the 14th Amendment, ruling that abortions were constitutionally protected up until about 23 weeks when a fetus could be able to live outside the womb.
States including Michigan, Wisconsin and West Virginia had abortion restrictions before the Roe ruling that have never been removed. [11,12]
Michigan Governor Gretchen Whitmer has advanced her position as a pro-choice governor who is not going to sit on her hands waiting for Congress. In a May 9, 2022, advocated taking “unprecedented steps to protect the right to choose.” The day prior, Michigan Attorney General Dana Nessel stated that she would not “enforce a 1931 state law banning abortion of the Supreme Court overturns the 1973 Roe v Wade decision.” [13,14]
At this point, the final Supreme Court decision in Dobs v Jackson Women’s Health Organization — the case that has presently brought Roe v Wade back into the spotlight — remains unannounced. Notwithstanding, the abortion question is now a top-of-mind question for candidates standing for state elections this fall. [15]
For the new 33rd District State House seat that includes Saline Michigan, that means Representative Felicia Brabec, Pittsfield Township Democrat, versus Dr Rob Borer, City of Saline Republican. [16]
After securing agreement to participate from each, Saline Journal provided both with the same seven questions for reply on this issue by end-of-business-day Friday, May 13. Their responses are now in-hand (but were not read prior to publication of this context article).
Tomorrow and Wednesday, then, Saline Journal will publish their thoughts on how the legislature here in Michigan might best serve its people on the matter of abortion law.
References
- “Roe v Wade Case Summary: What You Need to Know” Laura Temme (May 12, 2022) FindLaw.
- “Roe v Wade” (May 15, 2019) History.
- “Supreme Court has voted to overturn abortion rights, draft opinion shows” Josh Gerstein and Alexander Ward (May 2, 2022) Politico.
- “Read Justice Alito’s initial draft abortion opinion which would overturn Roe v Wade” (May 2, 2022) Politico.
- “For Immediate Release: May 3, 2022” Patricia McCabe (May 3, 2022) Supreme Court of the United States.
- “Justice Ruth Bader Ginsburg Offers Critique of Roe v Wade During Law School Visit” Meredith Heagney (May 15, 2013) The Law School at The University of Chicago.
- “US Senate: Minority Leader McConnell on Abortion and the Supreme Court” (May 9, 2022) C-SPAN (8:13 minutes).
- “Manchin to vote not on Dems’ Roe v Wade bill, saying it goes too far” Ronn Blitzer (May 11, 2022) Fox News.
- “Rights Reserved to States or People” National Constitution Center.
- “13 states have passed so-called ‘trigger laws,’ bans designed to go into effect if Roe v Wade is overturned” Elizabeth Wolfe (May 3, 2022) CNN.
- “The Michigan Penal Code (Excerpt): Act 328 of 1931 – Chapter III: Abortion” (September 18, 1931) Michigan Legislature.
- “Michigan Abortion Law Before Roe v Wade” (August 22, 2019) Right to Life of Michigan.
- “ICYMI – Governor Whitmer New York Times Op Ed” (May 9, 2022) Michigan.
- “Michigan AG Dana Nessel says she will refuse to enforce state’s abortion ban if Roe overturned” Valerie Richardson (May 8, 2022) The Washington Times.
- “Dobbs v Jackson Women’s Health Organization” Jenny Guo and Tori Staley (December 1, 2021) Legal Information Institute, Cornell Law School.
- “Rising tide of abortion legislation in state legislatures leads me to believe this will be a key issue in 2020 elections” Dell Deaton (May 6, 2019) Saline Journal.
- “See who’s running for new 33rd District state House seat in Ann Arbor area” Ryan Stanton (April 22, 2022) mLive.
