After last week’s oral arguments, many predict the U.S. Supreme Court is preparing to diminish — or even strike down — the landmark 1973 abortion case Roe v. Wade. If that happens, they say, it will signal the beginning of the end of reproductive freedom in the United States.
That’s not really accurate. If Roe v. Wade falls, the impact will be far less certain — and the implications for all Americans far greater in scope. In Florida, it could prompt lawmakers to strike a fatal blow at rights most Floridians take for granted, ones that extend into every facet of their personal lives. Lawmakers must decide whether action on one very divisive issue is worth tearing down walls that keep government from meddling in the private affairs of its citizens.
In deciding Roe v. Wade, the court essentially crafted a constitutional right to privacy from the Due Process clause of the 14th Amendment, with backup from the 9th Amendment. It wasn’t an absolute right, nor was it particularly well-defined — and Roe v. Wade has mostly been used as precedent in other reproductive cases since then. Still, it constituted a bright line that could protect Americans against government intrusion in other decisions — including issues like childrearing, vaccination, education and other often-disputed rights.
