素人色情片

Skip to content
HealthBent

Coming Abortion Fight Could Threaten Birth Control, Too

Supreme Court Justice Amy Coney Barrett is sworn in by Justice Clarence Thomas during a ceremonial swearing-in event on the South Lawn of the White House on Oct. 26. (Tasos Katopodis/Getty Images)

Abortion opponents were among those most excited by the addition of Justice Amy Coney Barrett to the Supreme Court. And they had good reason to be.

As a law professor and circuit court judge, Barrett made it clear she is no fan of abortion rights. She is considered likely to vote not only to uphold restrictions on the procedure, but also, possibly, even to overturn the existing national right to abortion under the Supreme Court鈥檚 landmark rulings in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey.

Her first opportunity to weigh in could come soon. A Mississippi ban on abortions after 15 weeks 鈥 impermissible under existing court precedents 鈥 is awaiting review by the justices, who could decide as early as this week to take up the case.

That鈥檚 the headline. But many overlook other things that could flow from a new abortion jurisprudence 鈥 such as erasing the right to birth control that the court recognized in a 1965 case, Griswold v. Connecticut. During her confirmation hearings, to say whether she felt Griswold was correctly decided.

That was a flashing red warning light for Nancy Northup, president of the Center for Reproductive Rights, a legal advocacy group that argues cases on abortion and contraception. Roe, said Northup, is part of a century of jurisprudence based on the idea that the Constitution protects the liberty of individuals. 鈥淚t began with cases about how one educates one鈥檚 children, and includes same-sex marriage, contraception and abortion,鈥 she said. 鈥淵ou can鈥檛 just take Roe out and not unravel the whole fabric.鈥

Yet from what Barrett has said and written about the Constitution, continued Northup, 鈥渋t鈥檚 clear she doesn鈥檛 believe it protects the right to personal liberty.鈥

Abortion rights advocates worry that the court could go beyond overturning Roe and Casey. If those precedents are overturned, abortion decisions would return to the states. But the court could go a step further and recognize 鈥渇etal personhood,鈥 the idea that a fetus is a person with full constitutional rights from the moment of fertilization. That would create a constitutional bar to abortion, among other things, meaning even the most liberal states could not allow the procedure.

Personhood amendments were on the ballot in several states about a decade ago. They were rejected by voters even in conservative states after opponents argued that recognizing life at fertilization would outlaw not just abortion, without exceptions, but also things like in vitro fertilization and many forms of contraception, including some birth control pills, 鈥渕orning after鈥 pills, and intrauterine devices (IUDs) that some think could cause very early abortions by preventing a fertilized egg from implanting in the uterus. (More suggests nearly all those methods actually prevent ovulation, not聽 implantation.)

But an abortion law passed in Georgia in 2019 not only includes a ban on abortion at the point a heartbeat can be detected 鈥 often before a woman is aware she is pregnant 鈥 but also has a fetal personhood provision. a federal district court ruling that struck down the law as a violation of Roe.

Proponents of these personhood provisions are cautiously optimistic. 鈥淚t looks like there will be a court more friendly to a challenge to Roe,鈥 said Les Riley, interim president of the Personhood Alliance, the group pushing the concept. 鈥淏ut to some extent we鈥檝e been down this road before.鈥

Previous courts since the early 1990s that were thought poised to overturn Roe did not.

And even if the court were to uphold a law like the Mississippi ban it is considering now, he said, 鈥渁ll that鈥檚 saying is they agree that states can regulate or ban abortion at 15 weeks. What we want to do is have the factual reality that life begins at conception recognized in law.鈥

Mary Ziegler, a law professor at Florida State University who has written two books on the abortion battle, said the court wouldn鈥檛 have to recognize fetal personhood to threaten many forms of contraception.

States could effectively ban contraception by arguing that some contraceptives act as abortifacients, she said. The court has already opened the door to this argument. In the 2014 , it allowed some companies to decline to offer birth control coverage otherwise required by the Affordable Care Act to their employees. The owners of the companies that brought the suit said they believe some contraceptives are a form of abortion, and the court said the requirement violated their religious freedom. The court used a similar reasoning in a exempting the Roman Catholic order Little Sisters of the Poor from even having to sign a paper that would officially exempt them from the ACA contraceptive mandate.

Medical groups and the federal government don鈥檛 consider any form of contraception approved by the Food and Drug Administration an abortion equivalent, because the standard medical definition of the start of pregnancy is when a fertilized egg implants in the uterus, not when sperm and egg first unite. Yet the court has not always followed science on the issue.

Still, Ziegler said, 鈥減ersonhood has always been the endgame鈥 for abortion foes, not simply overturning Roe, which would let each state decide whether to outlaw abortion. 鈥淎llowing states to leave abortion legal has never been the endgame,鈥 she said.

Interestingly, however, Riley of the Personhood Alliance said that while he hopes his side will win eventually, he is not necessarily hoping that win will come from the Supreme Court.

鈥淲e think the strategy has been misguided for years,鈥 he said. 鈥淩ight now, five justices can overturn anything. That鈥檚 not the system of government our founders had in mind.鈥

Rather, he said, his organization is working more at the state and local level 鈥渢o lay the groundwork of people鈥檚 hearts being changed.鈥

Related Topics

HealthBent Public Health States