Another Risk in Overturning Roe

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Another Risk in Overturning Roe
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January 22nd marked the 49th anniversary of Roe v. Wade—and, likely, the last year that its protections will remain standing. jiatolentino comments on the potential ramifications if Roe is repealed.

January 22nd marked the forty-ninth anniversary of Roe v. Wade—and, likely, the last year that its protections will remain standing. In December, during oral arguments, the Supreme Court’s six conservative Justices signalled their intention to uphold a Mississippi law that, in banning almost all abortions after fifteen weeks of pregnancy, defies Roe’s protections. Most of those Justices seemed prepared to overturn Roe entirely.

Recent events in Oklahoma provide an example of what might follow. Though the state’s Supreme Court struck down a fetal-personhood amendment to the state constitution in 2012, the idea has been affirmed in other ways. In 2015, state law was amended to require that any fetal death past twelve weeks be reported as a stillbirth. The Humanity of the Unborn Child Act, passed in 2016, requires that the state department of health “clearly and consistently teach that abortion kills a living human being.

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