Summary: As the coronavirus is sweeping the nation, many surgical procedures have been deemed nonessential in hopes of maximizing resources to be used in fighting the virus. In multiple states, abortions have been deemed nonessential, leading to the arrests or fines of doctors who perform them. Ohio, Texas, and Alabama are all states where such a decision has been issued and in these states, abortion rights activists and abortion clinics have contested the decision in court and won. Federal judges in all three states have found that these decisions violate a woman's constitutional right to choose a pre-viability abortion, as well as their Fourteenth Amendment right to privacy. In addition, Texas Judge Lee Yeakel has noted that during this pandemic, the risks of carrying out an unwanted pregnancy, as well as traveling to other states for abortions, outweigh the benefits of blocking abortions in hopes of preserving resources, as rationale for his decision to block the Texas coronavirus-related ban. Such decisions continue to emerge in other states and are likely to be fought as they have been in these three states.
Reaction: I'm happy to see that the coronavirus-related bans on abortions have been blocked on the basis of their constitutionality. In all three states, the governors and other high officials have historically supported anti-abortion legislation and I feel that each state is wrongly using the pandemic to prevent people from getting abortions, simply based on their opposition to abortion as a whole. I find it illogical to deem abortions nonessential, as the means that women may go about to get them in response to these bans could increase the spread of coronavirus and further drag down the health care system. Although we are in desperate times, I don't think it's time to violate women's constitutional rights, particularly when it comes to health.
Connection to US History: In 1973, in the US Supreme Court decision Roe v. Wade, the court ruled that a woman's right to a pre-viability abortion is protected by the Constitution.
Questions:
- Do you think banning abortions is an effective way of preserving resources amid the coronavirus pandemic?
- Do you think a pandemic is a valid reason to violate constitutional rights?
- Are there better ways to preserve medical resources?