From Roe to Dobbs: How the Supreme Court of the United States (Scotus) Muddled Through Half a Century Women’s Reproductive Rights/ Abortion from Enshrinement to Dissolution

Abstract

This study explores the evolution of U.S. Supreme Court ruling from (Tribe, 1973). That is, how the ruling in Roe which codified the right of women to abortion and the precedent set survived the test of time for more than half century until the Dobbs Case whose ruling overturned the enshrined privacy right of women. It also examines how states took advantage of contradictions and inconsistencies in decades of Supreme Court rulings to pass anti-abortion laws which were challenged with its cases reverted to the courts, thereby creating a revolving door scenario for litigants and states as well as prolife and prochoice groups over abortion. In the analysis, the author identified the role politics played in the “packing” of the Supreme Court with conservative judges who are committed to overturning Roe based on their “judicial restraint” doctrine that follows the lead of the legislature in interpreting the law and denying the enshrined and codified rights of women to abortion. Furthermore, the authors suggest various mitigation strategies to rectify the situation and codify the rights of women to access abortion through scenarios and options such as the use of federal powers through “executive order” to guarantee the principle of free interstate movement and commerce that will allow abortion seeking women to freely move from anti-abortion and pro-life states to those of pro-choice where abortion is allowed without penalty; the institution of term limit for judicial appointees to override the current life-long appointments; expansion of the Supreme Court beyond the current nine justices to allow the inclusion by appointment of more liberal judges who will likely interpret the law based on “Judicial Activism” doctrine and principles and interpretation of the constitution in a manner consistent with the spirit of the time and the challenging needs of the nation; suspension or removal of the “filibuster” to allow vote in the senate and possible passage of federal legislation to codify Roe, and constitutional amendment even though it has a slim chance of ratification. The authors conclude with the clear statement that the fight for women’s right to reproductive rights/abortion and the codification of Roe though legislation does not end with the Dobbs by the U.S. Supreme Court ruling, but rather just a reboot that has triggered the beginning of a new fight to restore the reproductive rights of Americans.