Fight over Abortion Reveals Bare Face of Polarization

The U.S. Supreme Court recently heard arguments on the constitutionality of a Mississippi abortion law. The court is expected to make major changes regarding the right to abortion established by Supreme Court precedent in Roe v. Wade in 1973.

Conservatives have been waiting for this moment for over 50 years.

The case dates back to 1969. “Jane Roe,” pregnant with her third child, sought an abortion, but it was illegal in her Texas hometown. So she sued county prosecutor Henry Wade over the constitutionality of the abortion law. After the case was heard and wound through the appeal process, it went before the U.S. Supreme Court, which rendered an opinion in favor of Roe. Since then, the right to an abortion has been reaffirmed, and abortions are legally permitted as a general rule before the 23rd week of pregnancy.*

The anti-abortion movement began after the Roe decision and grew throughout the 1980s as the Republican Party and the conservative Christian faction joined hands. A Harris Poll showed that in the 1970s, 56% of American adults supported abortion while 44% aligned with the anti-abortion camp. In the 1990s, the numbers reversed slightly to 49% in favor while 51% objected. The anti-abortion activists called themselves the “pro-life movement,” a move that was considered so effective that proponents of abortion followed a similar strategy and called themselves the “pro-choice movement.”

Seizing the opportunity, anti-abortion camps have taken direct action, especially in Republican-controlled states. Some states require the consent of both spouses to perform an abortion and require parental consent for minors. Some states have required a period of deliberation before an abortion or made it compulsory to learn about abortion through video programs.

One of the most important strategies for addressing abortion was to replace Supreme Court justices. The anti-abortion camp made sure that the former Republican president considered abortion opponents for appointment to the Supreme Court after providing the Republican Party with abundant campaign funding and volunteer efforts. Chief Justice John Roberts, who was appointed by President George W. Bush in 2005, is facing a challenge, as he has ruled differently than expected, but Republicans succeeded in replacing three Supreme Court justices after Donald Trump was elected.

In the meantime, Republicans have also launched a strategy of trigger laws. The Republican Party deliberately passes a bill that violates Roe v. Wade in a state with a Republican legislative majority. Naturally, progressive forces then sue on constitutional grounds, and the Republicans then look to the Supreme Court for review and a decision banning abortion.

Twelve state legislatures have passed this kind of legislation, and the Supreme Court is now examining the constitutionality of a Texas law that bans abortion from the sixth week of pregnancy and a Mississippi law that bans abortion from the 15th week. Based on hearings so far, it is unlikely that there will be a complete ban on abortion, but the litigation will go far enough that states may be able to impose significant restrictions on abortion.

However, a bigger problem with the Supreme Court’s hearing on these cases is that decisions about abortion themselves are politically polarizing. If the Supreme Court rules as expected, 21 states will have much stricter anti-abortion laws than they currently have. And in response, 14 states have already passed laws that broaden the right to abortion. It seems to go to both extremes.

Even if you understand that the United States is a large country with a population of well over 300 million, it is hard to see it as a single country when it comes to abortion. After all, marijuana and same-sex marriage are similar issues, so even if some call it the “Divided States of America,” the United States doesn’t seem to have anything to say.

*Editor’s Note: Though laws on legal abortion vary from state to state, about half the states in the U.S. prohibit abortion at around 24 weeks of pregnancy.