US Abortion Controversy a Real Test of Its Constitution

In 1972, the court case known as “Roe v. Wade” became a landmark constitutional moment for America. The ruling affirmed that abortion was in fact the constitutional right of a woman under the equal protection clause of the U.S. Constitution. However, the ruling did not ease the debate, which has dominated American politics for more than 60 years, as well as the related legal challenges.

Recently, a draft ruling from the Supreme Court of the U.S. was leaked to the news outlet Politico, which purported to show a decision had been made by the court’s judges to overturn Roe v. Wade with respect to new ongoing cases against it. The leak was met with outrage from American liberals and women’s rights groups, and protests soon followed. Some left-leaning magazines, such as Jacobin, called for the court to be stripped of its power.

The renewed tensions over the right to abortion come at a time when American politics is increasingly polarized. Although it is true to say that drama, exaggeration, and controversy are defining characteristics of U.S. political culture, nonetheless, the system as a whole has experienced an increasing number of challenges in recent years that have put stress on its overall legitimacy and public acceptance in the midst of extreme divides. These are largely centered around growing rifts in socio-economic divides and identities and disillusionment with governing institutions.

When Donald Trump lost the election in 2020, he proceeded to challenge the overall result and claim that the election was rigged, provoking the “Capitol Riot” on Jan. 6, 2021, when his supporters attacked the U.S. Congress and illustrating how these increasingly toxic divides are posing “systemic” challenges to the legitimacy of the state as a whole. The Roe v. Wade saga and the U.S. Supreme Court is to be another chapter of such challenges, as again, it concerns a whole section of American society losing faith in a branch of government to the point it may lose legitimacy and face new challenges to its authority.

This is particularly troublesome because the Supreme Court is, in theory, supposed to be impartial. Despite its overt reliance on what is clearly political appointees orientated by Congress, the Supreme Court is designated to be an effective guardian of America’s constitutional system and order, making independent decisions that affirm the ultimate adherence to the rule of law in the United States. This has a very long-established precedent, even if legal activism has long already made it a “political battleground” of sorts in what is known as “judicial activism.”

However, the ultra-polarization of U.S. politics is now spilling into the court and poses destructive consequences. The leak of the draft ruling was the first time anything of its kind had happened in the court’s history, which has subsequently given the public a pre-emptive avenue to attack and influence the court’s decision-making, placing it in a fragile position constitutionally. This will make the eventual outcome even more controversial, especially if the ruling goes ahead to overturn Roe v. Wade. The consequences will certainly create unrest of sorts, as well as deep divisions between states which will respond with different laws. More cans of worms may also be opened through the “precedents” such a ruling may set, especially in relation to the rights of others.

It might have been easy to assume that Roe v. Wade stood as a legal benchmark that would stand forever. Suddenly, that may no longer be the case, illustrating not only how these “moral” battles continue to rage back and forth across America but also how the polarization of the system as a whole is placing more stress and strain on it than ever before. This will be a real test of the American Constitution.