Roe v. Wade, a landmark U.S. Supreme Court decision deeming abortion a fundamental right under the United States Constitution, celebrates its 42nd anniversary Thursday, January 21st. By the time this piece is written, the House of Representatives will have already voted on a measure to ban abortions after 20 weeks.
Under current legislation, women have a constitutional right to an abortion up to the point of viability of the fetus outside the womb, in other words, 24 weeks. The argument made by endorsers of the bill is that the fetus can feel pain at 20 weeks. While 4 weeks may not appear to be a drastic measure, the conflict stems instead with the potential precedent a bill such as the aforementioned could set across the United States. The nation’s eyes have begun to center on smaller legislation set forth in various states such as Texas, which has already shuttered over half of the state’s abortion clinics.
The fear of the bill’s opponents is that the domino effect from the bill will result in increasingly severe anti-abortion laws around the entire country. Proponents of the bill argue that the neurological elements necessary for a fetus to experience pain are in place by 20 weeks, and therefore the ultimate window for abortions should be downsized.
While the bill is expected to be vetoed by President Obama if it reaches the White House, the legislation reflects a clear shift in the political climate of Congress, as it will most likely pass with flying colors through the House of Representatives. A handful of states have been testing the limits of current abortion rights by passing laws that run in conflict with the Roe v. Wade ruling. The history of the original ruling is a heated one, and has been contested consistently since it struck down state abortion bans in 1973.
Some of the state legislation put forth, such as in Indiana, makes smaller moves to cut down the current laws upholding the Pro-Choice stance. Governor Mike Pence received a bill built to hamper distribution of the “morning-after” pill, under the premise that it should meet surgical drug standards, since it deals with terminating a fetus. Arkansas, in early March, passed a law banning abortion 12 weeks after pregnancy, despite a veto by Democratic Governor Mike Beebe. The state Senate and House overrode the veto, consequently placing the bill into law.
It is this last part that could be key in the eventual progression of the bill currently passing through U.S. Congress. Following midterms elections, both House and Senate have shifted drastically to the right, and though Presidential vetoes are seldom overrode, it is entirely possible that, should the bill gain the right amount of momentum, Congress could accomplish just that.