On June, 24, 2022, Roe v Wade was overturned after nearly 50 years of existence at the federal level. The overturning of Roe V. Wade was not solely an issue regarding abortion, but an issue of Federalism: the power divided between the federal governments and the individual state governments. States were quick to act on this new judicial ruling under the current Supreme Court Justices. Missouri was the first state to abolish abortion. Many states followed Missouri, by banning abortion after a certain time frame, or outlawing it completely. As a result, many began to protest fueled by anger and defeat. Some women such as Supreme Court Justice, Elena Pagan, state that through overturning Roe V. Wade, women have lost their constitutional rights to healthcare and life.
The original background of Roe V. Wade started over the controversy of who had the right to life, the unborn baby or the mother. For 50 years, the Supreme Court ruled that it was ultimately up to the mother whether or not an abortion could be performed. However, by overturning this judicial ruling, the right to life is now given to the unborn baby in 26 states in the United States. While many Republicans make the argument that under a Federalist rule, if state citizens are unhappy with state jurisdictions, they can simply move, the process is much more complex than what we may think. Currently, many fear the possibility of being prosecuted for traveling to another state where abortion services are available if they reside in a state where abortion is outlawed. Some attorneys believe that states will attempt to track personal data in order to prosecute individuals for violating their state laws. However, under Article 4 of the Constitution, states must treat their citizens and citizens of other states with the same equality and rulings as in the state’s current boundaries. This infers that if a Texas resident travels to California for an abortion procedure, the Texas resident is controlled under California laws during the duration of their time in California, and unable to be prosecuted in Texas. However, some believe members of Congress may come after this Article, attempting to make amendments to allow interstate prosecution.
