Health & Gender Policy Brief #180 | Naja Barnes | June 27th, 2025
Before the overturning of Roe v. Wade on June 24th, 2022, concerns were raised about the potential effects and consequences it would have on reproductive rights. After the overturning, those concerns have come into fruition, and have not only affected the rights to an abortion, but also the rights to bodily autonomy.
Analysis
On January 22nd, 1973, abortion was legalized nationwide in the U.S. Supreme Court’s decision, Roe v. Wade. This decision allowed women to have the choice of whether or not to terminate their pregnancy, based on the stages of pregnancy, as part of their constitutional right to privacy. This landmark decision indirectly protected a woman’s right to bodily autonomy by allowing her the ability to have a choice in pregnancy and the protection from and of it. Now, with Roe v. Wade overturned, that decision lies solely upon each state, stripping away the autonomy and decision to continue or not continue the pregnancy. As of 2025, Alabama, Arkansas, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia have banned abortions with the following exceptions: rape, incest, preserving the life of the pregnant person, and medical emergencies.
Abortion bans are not the only way that bodily autonomy is being attacked post-Roe v. Wade. Other forms of reproductive freedom are being attacked as well, such as contraceptives and the ability to protect oneself from pregnancy. In some states, lawmakers have blocked or opposed legislation aimed at protecting the right to contraception. Texas permits parents the ability to deny their minor children access to birth control.
The use of contraceptives is not only to prevent pregnancy but also to treat medical conditions such as complications due to menstrual cycles.
A recent case in Georgia demonstrates the dystopic consequences and harsh reality of overturning Roe v. Wade in the United States. Adriana Smith, 31, suffered a medical condition and was declared brain-dead on February 19th, 2025. During the time she was declared brain-dead, she was also about nine weeks pregnant. Due to Georgia’s strict abortion law, which bans abortions when a heartbeat is detected, usually around six weeks, Smith had to be kept on life support to allow the fetus to grow. On June 13th, 2025, an emergency C-section was performed at about six months of gestation, and Smith was taken off life support on June 17th. Smith was declared legally dead, so bodily autonomy no longer applied to her, but in situations of a declared brain-dead patient, bodily decisions are usually given to a next of kin or a legally authorized representative. However, due to Georgia’s abortion laws, the family had no choice in the matter.
Conclusion
Roe v. Wade was a historical decision that protected the lives, rights, and bodily autonomy of pregnant persons and those with a uterus. The decision to overturn it has provoked fear, increased mortality rates of infants and pregnant persons, and minimized the right to bodily autonomy in correlation to pregnancy. Not only will the current abortion laws continue to challenge bodily autonomy, but as demonstrated in the Smith case, these laws have the potential to challenge ethical considerations.
Engagement Resources
- Roe v. Wade: Its History and Impact
https://www.plannedparenthood.org/files/3013/9611/5870/Abortion_Roe_History.pdf - Supreme Court Overturns Constitutional Right to Bodily Autonomy in Transgressive Reproductive Rights Decision
https://www.naacpldf.org/press-release/supreme-court-overturns-constitutional-right-to-bodily-autonomy-in-transgressive-reproductive-rights-decision/#:~:text=It%20is%20a%20historic%20loss%20of%20a,draconian%20penalties%20on%20those%20who%20provide%20access - U.S. Abortion Rights by State
https://www.britannica.com/science/US-abortion-rights-by-state-2236312 - A pregnant brain-dead woman in Georgia was kept on life support. Experts say it raises ethical, legal questions
https://abcnews.go.com/Health/pregnant-brain-dead-woman-georgia-life-support-experts/story?id=122963319