Dobbs V. Jackson: A Constitutional breakdown
Dobbs V. Jackson: A Constitutional breakdown

Summary/Abstract: Roe v. Wade, a 1973 landmark decision granting women in the United States (“US”) the right to have an abortion before the foetus is viable outside the womb before the 24-28 week period, was reversed by the US Supreme Court in a substantial restriction of women’s rights. The decision has been anticipated for a few weeks now following the disclosure of an early May draught opinion that shocked the nation and ignited demonstrations. Women have had access to abortion rights for more than two generations, but now each State will decide on them. Approximately 20 States have laws limiting or outright prohibiting abortions, according to information from the Associated Press. Currently that Roe has been overruled, legislation prohibiting the operation are now in force in thirteen states. The judgement provides no exceptions to women undergoing medically unsafe and life endangering pregnancies or pregnancies caused as a result of sexual assault of any form, leaving the option of creating those exceptions to the state legislation. This article, through a doctrinal and reform oriented approach, attempts to deconstruct, highlight and analyse issues of human rights, vis-à-vis the American Constitution that arise in lieu of derecognition of the right to abortion by the highest court of the United State of America, and thereafter highlight the impacts of the derecognition and pave the way forward for prospective reasonable judicial considerations so as to prevent continuing harm to human health and rights in lieu of such adverse impacts.

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