We Shouldn't Need Roe

Abstract

In the face of state-by-state attacks on the right to choose, which result in regular challenges to Roe v. Wade in the Supreme Court, this essay asks whether Roe is needed at all. Building on prior works that challenge the premise of fetal personhood and highlighting the status of Roe-based rights after decades of challenges, this essay proposes an alternative solution to Roe. Decades of state law encroachments cause Roe to fail to properly protect the right to choose. Federal legislative and executive efforts, including the Women’s Health Protection Act, are necessary to ensure the constitutionally guaranteed right to choose remains accessible to all pregnant persons.

Keywords: Roe v. Wade, Dobbs v. Jackson, abortion, reproductive rights, personhood, fetal personhood, fetal heartbeat, abortion ban, Mississippi, Texas, Supreme Court