Let’s Talk about the Elephant in the Womb

The Supreme Court rules Texas can enforce its six-week abortion ban

Megan Valadez / Assistant Opinion Editor / The USD Vista
Protesters holding signs reading, "My Body My Choice"
Activists protest with posters reading “My Body My Choice.” Photo courtesy of Lorie Shaull, Creative Commons.

We live in a very divided nation. One that is divided on many topics, including abortion rights. Over the past two weeks, we learned that the state of Texas will prohibit abortions beyond six weeks of pregnancy. This unusual ruling may signal that a high court majority is ready to overturn the Roe v. Wade case, which includes the right to abortion. 

As a woman, I believe that we have the right to do as we choose with our own bodies, therefore, I am strongly pro-choice. 

To those saying that abortion is “murder,” you need to take a step back and think about the struggles that women go through in everyday life. Women are constantly targets, whether that be of human trafficking or sexual assault and rape. A man can impregnate as many women as he pleases while women can only get pregnant every nine months. 

Why are women’s bodies the targets of control, whether that be through birth control, IUDs, or shots? Why aren’t we regulating men and their bodies, since they are the ones that can impregnate at high rates? In America, we wouldn’t dare tell men what they should do with their bodies. 

The Texas Heartbeat Act says that doctors cannot perform an abortion after the sixth week of pregnancy, and also allows private lawsuits against those who do. Under Roe v. Wade, the Supreme Court case which protects a pregnant woman’s freedom to choose to have an abortion without government restriction, abortions are considered protected until the 23rd or 24th week of pregnancy. Medically speaking, when they say six weeks pregnant, that means six weeks from the last menstrual cycle, so it doesn’t mean the person has been pregnant for six weeks. This new law also authorizes any person to sue a physician or the person receiving the abortion, for violating the law and collect a $10,000 fine. 

In her dissent on Sept. 1, Supreme Court Justice Sonia Sotomayor called the court’s order “stunning,” and included: “Presented with an application to enjoin a flagrantly unconstitutional law engineered to prohibit women from exercising their constitutional rights and evade judicial scrutiny, a majority of justices have opted to bury their heads in the sand.” In a statement at the White House on Sept. 2, President Biden said, “…this extreme Texas law blatantly violates the constitutional right established under Roe v. Wade.” 

In an article from the Los Angeles Times titled “Supreme Court by 5-4 vote rules Texas may enforce its six-week abortion ban,” the president of March for Life, Jeanne Mancini, said the Texas law “…highlights the humanity of children in the womb who have a detectable heartbeat by six weeks of development. States have the right to act on what science and ethics clearly tell us, which is that these children have their whole life ahead of them and deserve our protection.” The March for Life is an annual rally and march that protests the legality and practice of abortion.

Healthcare providers who are fighting this new law have told the courts that it would eliminate 85% of abortions statewide, which would force women to travel hundreds of miles out of state for an abortion, or try to self-induce a miscarriage. 

This new abortion law is serious for all states, not just Texas. The five most conservative justices made it clear they would not protect women or their doctors if they face abortion-related penalties imposed by a state. Because of this, there are technically five votes to overrule Roe v. Wade, given their opposition to abortion rights. 

Texas’ new law is ridiculous. Most women do not even know they are pregnant at six weeks. Many women do not track their periods, may have irregular cycles, or not know the exact start date of their last period. By the time a woman would know if she was pregnant, it would be too late to decide whether or not to go through with the pregnancy. Imagine having no choice but to bring a child into this world, especially if one is not financially stable enough to provide for one, if the child was conceived from rape or incest, or has serious health conditions. 

This law also makes it harder for many women of color and undocumented women to get abortions. Most undocumented women cannot travel to another place to access care or recieve an abortion. A study done by the Guttmacher Institute said that about 70% of abortions were provided to women of color, most of which could not afford the cost of a child.

The attack that we are seeing on women’s healthcare is a huge reminder of the stakes of the 2022 midterm election. We must defend a Democratic senate majority so they have the power to confirm or reject Supreme Court Justices. We must defend women and their rights, especially the ones that have to do with their bodies.