JDP’s former case manager, Emily Rooke-Ley, at the Supreme Court oral arguments for Whole Woman’s Health v. Hellerstedt
Forty-five years ago, abortion was legalized nationwide in the landmark Supreme Court case, Roe v. Wade. The case ruled that the constitutional right to privacy extends to a woman’s right to make her own decisions when it comes to terminating or continuing her pregnancy.
In the almost half-century since, we’ve seen several advances and setbacks in the landscape of reproductive health. To celebrate our victories and take stock of the pervasive issues and debates still surrounding Roe v. Wade, we asked our Jane’s Due Process volunteers to share their thoughts on the case. Thank you to all of our hotline volunteers, referral attorneys, and other volunteers who help make the right to abortion theoretically guaranteed by Roe v. Wade into an actual reality for minors in Texas.
What does Roe v. Wade mean to you?
“Roe v. Wade means ‘relief’ on both a personal note and on a national scope. My overwhelming emotion after having an abortion in my 20s was relief knowing that I could go on with my life, pursue my professional career, and wait until I was ready to start a family. At the national level, Roe v. Wade offered relief in the courts for the thousands of women who had resorted to unsafe abortions.” — Tina Hester, JDP Executive Director
“The affirmation of a woman’s right to bodily autonomy.” — Amanda, JDP referral attorney
“Recognition of each individual’s power to make their own choices with dignity and respect.” — Rachel, JDP legal intern and practical support volunteer
“It means that the government recognizes my human right to bodily autonomy. It means that I am the only one who has the right to decide what happens inside my body.” — Isabel, text hotline volunteer
“1 in 3 girls and women will seek and have an abortion; the decision in Roe has brought forth a myriad of numbers, statistics, and stories affecting women’s reproductive lives. 27 is how old Rosie Jimenez was, when she was the 1st woman to pass away from from an illegal abortion procedure after the passage of the Hyde Amendment prohibited public funding for abortion. 39 bills were filed during the 85th Texas Legislature to create barriers for care for the 5.4 million women (as of 2011) of reproductive age in Texas. In 2014, 96% of Texas women lived in counties without any abortion accessibility; Texas women uniquely know what there is to lose with threats to Roe from the Trump presidency. The intent of Roe is constantly stymied by those who reject the legal autonomy of pregnant women in favor of non-secular opinions. Roe was never the end of the battle to ensure a woman’s legal ability to make her own medical decisions with a doctor. Roe was the beginning of the assault, one that must be met with words, stories, and numbers.” — Rachel Osterloh, text hotline volunteer
“This decision is just a few days older than I am, so I’m reminded of its significance annually. It’s very personal to me, because I was raised to appreciate the autonomy it bestowed upon women. My mom told me stories of the horrors of a back alley abortion that her friend had prior to the verdict. That story affected me tremendously. Years later when I was in law school, the story came full circle when I had the honor to work with Sarah Weddington, the Texan attorney who argued and won the Roe v Wade case.” — Deena Kalai, JDP referral attorney and hotline volunteer
“Roe v. Wade means safe and necessary medical care.” — Ruth Rodriguez, JDP referral attorney, hotline volunteer, and former Board of Directors member
“It means the government has recognized my right to choose how (and if) I plan for future children, and it means I know I can always choose to prevent or end a pregnancy.” — Annie, JDP practical support volunteer
“Roe v. Wade signifies freedom from government intrusion into our daily lives. It is more complicated than that, but it is a case and subject-matter that involves all aspects of our cultural, social, and political lives. At the heart of the decision and the continued backlash and fight against the decision is our idea of freedom and individual liberty.” — Melissa G. Thrailkill, JDP referral attorney
How you would change Roe if you could?
“I wish I could change Norma McCorvey’s about-face and her critique of the movement.” — Deena Kalai
Editorial note: For more about Norma McCorvey, we recommend reading Loretta Ross’s reflection on her life, which discusses how she struggled to recover from lifelong abuse and hardship, before and after she became Jane Roe.
“I would change Roe v. Wade so that all of these restrictive laws in the U.S. would be unconstitutional.” –Ruth Rodriguez
“I wish the Roe case had been focused on the principle of bodily autonomy instead of the right to privacy. The privacy argument not only neglects to establish bodily autonomy as a human right but also further stigmatizes and silences discussion of sexual and reproductive health, a cultural consequence whose impacts we are dealing with today. I am fearful that, in order to have a bodily autonomy-based framework for abortion access, we will need to undo years of legal reasoning and re-articulate the argument without centering our thinking on privacy in order to create a responsible, justice-oriented movement.” — Sarah Nesbitt, JDP call and text hotline volunteer
What other court cases are also significant for abortion access?
“There have been so many significant cases since Roe v. Wade, each attempting to whittle away women’s rights.” — Deena Kalai
“Beyond Roe v. Wade, Whole Woman’s Health v. Hellerstedt begins to determine what access means. Abortion must not only be legal, it has to be accessible.” — Amanda, referral attorney
Do you have any fears around Roe v. Wade?
“Due to stare decisis (the legal principle that establishes past cases as precedents), Roe v. Wade won’t be overturned, but it will be chipped away by those trying to disrupt access to safe, legal abortion.” — Amanda, referral attorney
“While I believe that the human right to control your own body is unassailable, I worry that new SCOTUS justices over the next few years may stand in the way of that right for Americans.” — Isabel
“So many fears… the same ones we all share–that a constitutionally protected right will continue to be eroded by more damaging legislation. This is particularly pressing, given the current administration and its potential to appoint another Supreme Court Justice.” –Deena Kalai
“If we get more anti-choice justices, Roe v. Wade could be overturned.” — Ruth Rodriguez
“I fear that the zealots will turn back the clock. One of my childhood memories is of a young woman in our neighborhood in Lubbock who took an emergency trip to New York City. Now I understand the likely cause of that emergency trip. Zip code should not determine one’s reproductive fate. Currently there is not an abortion provider within five hours of Lubbock and if states are able to regulate abortion out of existence, thousands of women will be forced to seek care out of state.” — Tina Hester, Executive Director
Do you have any hopes around Roe v. Wade?
“I hope that it will continue to be a pillar for women’s access to affordable healthcare regarding health, prevention, and family planning. I hope that its continued effect will allow for other local laws and funding to honor it. However, I fear that with the passing of time and age restrictions will impact its effectiveness. — Annie
“While I’m terrified it will be overturned, I’m hopeful a new wave of activists will get inspired and get active to help save it.” — Rachel
“I’m so glad that Whole Woman’s Health v. Hellerstedt has bolstered Roe by setting evidence-based standards for undue burdens on abortion access and reproductive rights in general. Although I wish that Texas would stop attacking our constitutional rights in the first place, I’m proud of all the local advocates who fight and win!” — Isabel
Thank you again to all of our hotline volunteers, referral attorneys, and other volunteers who help make the right to abortion theoretically guaranteed by Roe v. Wade into an actual reality for minors in Texas.
To support our work to make Roe a reality for teens in Texas, donate here.
