A year ago, the precedent of Roe v. Wade set by the Supreme Court, protecting individuals’ right to terminate a pregnancy, would have been described as unshakable by many. The overturn of the nearly 50-year-old ruling leaves unknowns for the enforcement of state laws.
With lawsuits against Idaho abortion laws in action, the total enforcement of Idaho’s trigger abortion ban is still expected to go into effect Aug. 25, leaving Idaho’s population without in-state options.
Idaho’s trigger ban makes an exception for incest, saving the mother’s life and rape cases. Though, University of Idaho assistant professor of Law Neoshia Roemer said that rape victims would likely be required to report.
“They’re not always recorded,” Roemer said. “Even though that exception is there, it does require the element of actually filing a police report, which we know does not happen in every case.”
Depending on the state, providing abortions can be considered a felony for health care providers, meaning some clinics may have to consider whether to offer care to patients from out of state. Similarly, some states have looked to pass laws restricting women from seeking abortions in other states according to NBC.
Neighboring states Oregon and Washington continue to provide abortions, while Utah and Wyoming are banning them, according to The Washington Post.
“I think it’s important to consider as many states are moving to ban abortion… we have other states who are affirmatively getting out there and saying we are going to protect abortion,” Roemer said. “The flip side of that problem is, not everyone can afford to travel, especially not students.”
Ashley Paine is an incoming senior and the president of UI’s Generation Action branch, a Planned Parenthood advocacy group. The organization aims to support and educate on reproductive rights, providing resources on campus.
Growing up in Vancouver, Washington, Paine noticed a stark difference in Idaho’s sexual education. She was shocked to hear from members of the club who had barely received any sex education at all.
“I had a full sex education by the time I was in ninth grade,” Paine said.
Paine found it interesting that sex education was often separated by gender in Idaho.
“Abortion isn’t as stigmatized or taboo (in Washington),” Paine said. “Coming here, people don’t talk about that kind of thing. People don’t talk about sexual education, sexual health or reproductive rights in general.”
The overturn of Roe v. Wade was difficult for Paine to witness, as she didn’t expect the overturn of what she sees as a human right.
“(I was) devastated honestly,” Paine said. “It’s disheartening for women’s rights to come so far, and just to go right back.”
People’s descriptions of abortions and the women that get them have been over the top, according to Paine.
“They’re gruesome and people with uteruses just go and get them because they just want to and that they’re nonchalant about it,” Paine said.
Instead, Paine listed instances of abusive partnerships, sexual assaults and financial instability as reasons to receive an abortion.
Paine recommended reaching out to the Women’s Center or Alternatives to Violence on the Palouse as valuable resources in Moscow.
Planned Parenthood in Pullman offers abortions, but only with the pill. To be eligible, the individuals must be within 10 weeks of the start of their last period.
Planned Parenthood in Spokane offers both the pill and in-clinic abortions as well. In-clinic abortions must be within 15 weeks and six days of the start of the individual’s last period.
The abortion pill’s physical effects are similar to that of an early miscarriage with cramping and bleeding, according to Planned Parenthood. Women may decide to have an abortion pill, opting for something less invasive.
While the overturn may have been unexpected for some, Neoshia Roemer, assistant law professor at the University of Idaho, explained the new ruling has been a long time coming.
Before the Supreme Court ruling, Idaho was already preparing for the precedent’s overturn with a trigger abortion ban.
“Even before the decision came down… Idaho already had a law on its books,” Roemer said. “That should Roe v. Wade ever be overturned, within 30 days of that decision, abortion would be banned.”
On a federal level, congress failed to codify abortion rights into law for many years, leaving the original Supreme Court ruling as the main protection of abortion rights. Other rulings like same-sex and interracial marriage stand on similar ground.
“Things like that are rights that are very much needed, or rights that we needed to be protected,” Roemer said. “But where it falls apart is that they were never codified.”
The lack of codifying Roe v. Wade is what has led to complete bans on abortions in states today. No other federal laws stand to protect abortion rights, leaving states to decide on their own.
“Congress never passed the statute,” Roemer said. “Congress never amended the constitution to actually say, ‘these are rights that belong to the people.’”
So why did congress fail to further strengthen abortion protections since the 1973 ruling?
Though attempts were made in congress, bills failed to pass, as has been similar with other rights. An example Roemer referenced was the proposed Equal Rights Amendment which would have added protection to protect legal rights regardless of gender.
While Roemer would normally avoid saying so, the Supreme Court’s decision to overturn Roe v. Wade seems politically charged, with justices nominated carefully by presiding presidents.
“The lawful answer is, we would never say a justice has her own agenda,” Roemer said. “(But) I think you have to look at how we nominate the Supreme Court justices.”
Haadiya Tariq can be reached at [email protected] or on Twitter @haadiyatariq