As Roe v Wade marks 50 years, what’s changed since the landmark abortion decision was overturned?
Today marks 50 years since Roe v Wade, America’s landmark Supreme Court decision that enshrined abortion as a constitutional right.
Roe v Wade was overturned last June, giving the power to decide on abortion rights to 50 states to determine individually.
It triggered a wave of change. Abortion bans were brought in, court cases mounted, clinics closed. Here is what has happened in the seven months since US abortion rights were overturned.
First off, what is Roe v Wade?
Roe v Wade refers to the 1973 Supreme Court case that said the government could not prohibit abortions because the constitutional right to liberty includes the right to decide whether to continue a pregnancy.
Roe refers to Texan woman Norma McCorvey – known by the pseudonym Jane Roe – who challenged the state’s abortion laws after she couldn’t get a termination in 1969 because her life was not in danger. Wade is district attorney Henry Wade, who defended the anti-abortion laws.
The court decision meant every woman in the US had the right to an abortion in the first 12 weeks of pregnancy. Another ruling – Planned Parenthood v Casey in 1982 – built on that by saying states could not have laws that create a “substantial obstacle” to a woman seeking an abortion up to 24 weeks.
States ban abortion
In 12 states, there are now near-total bans on abortion. In five of these states, the ban is being challenged in court but remains in effect.
The 12 states are: Alabama, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas and West Virginia.
Two further states – North Dakota and Wisconsin – do not have bans in place but abortions are unavailable because clinics have closed.
Georgia has banned abortions past six weeks of pregnancy, severely limiting access to terminations because so many women do not find out they are pregnant – and have time to organise the procedure – before the six-week mark.
According to the Guttmacher Institute, which specialises in reproductive health, these 15 states are home to almost 22 million women aged 15 to 49. That means almost a third of America’s women of reproductive age are living in states where abortion is either unavailable or severely restricted.
More states could follow
A further nine states have introduced restrictions to abortion that would have been unconstitutional under Roe v Wade, have bans currently blocked by the court or are likely to introduce bans in the near future.
Arizona and Florida do not allow abortions past 15 weeks, while Utah has an 18-week ban.
In three states – Indiana, Wyoming and Ohio – near-total or early-gestation bans have been blocked by state courts for now, but lawmakers have indicated they intend to fight them.
In Iowa, Montana and Nebraska, anti-abortion policymakers have indicated that they want to ban abortion soon, but abortion care remains available for now.
What’s happened to abortion clinics?
At least 66 abortion clinics have stopped offering abortion care in the 15 states where abortion is banned or severely restricted.
The loss of these clinics is felt nationwide, according to the Guttmacher Institute, as clinics in states where abortion remains legal are inundated with people travelling interstate.
As the institute explains: “These dramatic increases in caseloads mean clinic capacity and staff are stretched to their limits, resulting in longer wait times for appointments even for residents of states where abortion remains legal.”
A study from the Society of Family Planning estimated legal abortions nationwide fell by more than 10,000 in the two months following the overturning of Roe v Wade, although some women may have sought abortion pills privately.
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Abortion revolution in the US
Exacerbating inequality
Many of the states that have banned or restricted abortion have high proportions of black, Latina and indigenous women.
Research by the Kaiser Family Foundation revealed how overturning Roe v Wade disproportionately impacts women of colour, as they are more likely to get abortions, have more limited access to health care, and face barriers to travelling out of state for an abortion.
The Guttmacher Institute notes in addition that “people living with low incomes… transmen and nonbinary people, immigrants, adolescents and people living with disabilities are all particularly likely to encounter compounding obstacles to abortion care and be harmed as a result”.
Some states have introduced protections
While the US has seen significant rolling back of abortion rights, there are pockets of good news for pro-choice activists.
Voters in Kansas protected abortion rights in the state’s constitution by rejecting an amendment that would have allowed lawmakers to restrict access to abortions.
New York will provide free abortion pills at four public clinics, making its health department the first in the nation to offer free medication abortion.
In the midterms, voters in five states chose to protect reproductive rights. Vermont, Michigan and California added protections to their state constitutions while voters in Kentucky rejected an amendment that would have removed any protection for abortion rights from the constitution.
In Montana, a bill that could have criminalised doctors for providing abortions was defeated.
Read more:
How a secret network provided thousands of abortions in the US
Clinics in US state offer free vasectomies after surge in demand
Voters in Kansas react with joy after abortion rights vote
Medical abortions
Medical abortions account for the majority of abortions in the US – in 2020, the most recent year for which data is available, abortion pills were used in 53% of cases.
Early evidence suggests they have become even more popular since Roe v Wade was overturned – one study suggested the number of people seeking medical abortions has increased threefold.
At the beginning of January, the Food and Drug Administration changed its rules to allow retail pharmacies in the US to dispense abortion pills for the first time.
However, abortion pills are now seen as the next frontier in the fight by anti-abortion activists and they are pushing hard to curtail access.
Venezuela’s President Nicolas Maduro has accused the US of a coup attempt after Donald Trump approved CIA operations in the country to tackle alleged drug trafficking.
Mr Trump confirmed his decision, first revealed by The New York Times, as he said large amounts of drugs were entering the US from Venezuela – much of it trafficked by sea.
“We are looking at land now, because we’ve got the sea very well under control,” he said.
When asked why the coastguard wasn’t asked to intercept suspected drug trafficking boats, which has been a longstanding US practice, Mr Trump said the approach had been ineffective.
“I think Venezuela is feeling heat,” he said.
Donald Trump at the White House on Wednesday evening. Pic: Reuters
Maduro hits back
He declined to answer whether the CIA has the authority to execute Mr Maduro, who denies accusations from Washington that he has connections to drug trafficking and organised crime.
The US has offered a $50m (£37m) reward for information leading to his arrest.
“How long will the CIA continue to carry on with its coups?” he asked after Mr Trump’s comments on Wednesday evening, saying calls for regime change harkened back to “failed eternal wars” in Afghanistan and Iraq.
In a message to the American people, he said in English: “Not war, yes peace. The people of the US, please.”
President Nicolas Maduro. Pic: Reuters
US targets ‘drug boats’
Mr Trump also alleged Venezuela had sent a significant number of prisoners, including individuals from mental health facilities, into the US, though he did not specify the border through which they reportedly entered.
On Tuesday, he announced America had targeted a small boat suspected of drug trafficking in waters off the Venezuelan coast, resulting in the deaths of six people.
According to the president’s post on social media, all those killed were aboard the vessel.
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Footage of the strike was released by Donald Trump on social media. Pic: Truth Social
The incident marked the fifth such fatal strike in the Caribbean, as the Trump administration continues to classify suspected drug traffickers as unlawful combatants to be confronted with military force.
War secretary Pete Hegseth authorised the strike, according to Mr Trump, who released a video of the operation.
The black-and-white footage showed a small boat seemingly stationary on the water. It is struck by a projectile from above and explodes, then drifts while burning for several seconds.
Mr Trump said the “lethal kinetic strike” was in international waters and targeted a boat travelling along a well-known smuggling route.
There has also been a significant increase in US military presence in the southern Caribbean, with at least eight warships, a submarine, and F-35 jets stationed in Puerto Rico.
A 39-year-old man died in hospital alone, miles from his family, after being detained by US immigration officials.
Ismael Ayala-Uribe, who had lived in the US since he was four, fell ill while in an immigration detention centre in California.
Ismael Ayala-Uribe was well known in the local Latino community
He complained of a fever and had a persistent cough in the weeks before he died, according to his mother Lucia.
She said he was initially treated by medical staff inside the detention centre but was returned to his cell.
He was eventually taken to hospital for a scheduled surgery to remove an abscess on his buttocks, but died before he was able to have the operation.
His family were never told he was in hospital, learning of his death via a knock on the door from police.
“They’re the ones that notified us that he had passed,” his brother, Jose Ayala, told Sky News.
“We were not even aware that he was in the hospital or even had a scheduled surgery. Then we got a knock on our door a little after 5.30 one morning.
“I believe he would still be alive today if he was never detained. He got sick while in detention, and they did not seem to take care of him.”
Ismael’s brother Jose speaks to Sky News
Why was he detained?
Mr Ayala-Uribe’s death raises questions about the conditions inside the centre he was held in, and if a sudden surge of immigrants being detained by this administration has left the system stretched beyond breaking point.
He had moved to the US from Mexico with his family as a child.
He did have DACA – deferred action for childhood arrivals – status, granted to those who have arrived while under the age of 18. But this was removed in 2016, after he was convicted of drink-driving.
In August, he was arrested by immigration agents at a car wash in California where he had worked for 15 years.
He was held for five weeks at Adelanto, a privately owned, run-for-profit, immigrant detention centre. A lawyer for his family said he was, as far as they are aware, a healthy man before he was detained and had no medical need.
But Mr Ayala-Uribe’s mother, who was visiting him every eight days and speaking to him on the phone a couple of times a day, said she noticed him getting progressively unwell.
Ismael’s brother and mother, Lucia
“He started with lots of fever,” Ms Ayala said. “He said they weren’t listening to him. The last time I saw him his face was drained, he told me he was not OK, he told me he couldn’t take it any more.”
Beginning to cry, wiping away tears, she added: “I feel powerless that I couldn’t do anything to help my son.
“I never imagined I was going to bury one of my sons. It feels terrible, they took a piece of my heart away.
“I would like something to change. If we cannot save him, at least we can save others that are still inside.”
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Inside Trump’s immigration raids
ICE defends detention treatment
The cause of Mr Ayala-Uribe’s death is still under investigation.
Sky News requested comment from the company which owns the detention centre where he was held, and they deferred to ICE, the US immigration and customs enforcement agency.
In a statement, ICE said: “Comprehensive medical care is provided from the moment individuals arrive and throughout the entirety of their stay.
“At no time during detention is a detained illegal alien denied emergency care.”
The Trump administration says it’s targeting criminals and people in the US illegally. But campaigners say Mr Ayala-Uribe’s death should not be viewed in isolation.
Images from Ismael’s funeral service
Since Donald Trump took office, at least 15 people have died in immigration detention.
Democrat senators Jon Ossoff and Raphael Warnock wrote a letter to the homeland security secretary, Kristi Noem, asking for more information about these deaths.
The senators claimed 10 people had died between January and June, and that it was the highest rate in the first six months of any year publicly available.
Sarah Houston, a lawyer for the Immigrant Defenders Law Centre, claims immigrants are being mistreated in custody.
Read more from Sky News:
The people fighting back against ICE raids
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ICE raids: ‘This is like Vietnam’
“This administration’s main goal is to harm, to torture individuals and to try to force them out,” she said.
“The great increase we see in human rights abuses, in deaths, is a direct result of the administration’s decision to pack these detention centres as much as they can.”
Mr Ayala-Uribe’s funeral was held this week. Dozens of extended family and friends wore t-shirts bearing his face. A mariachi band played as his casket was lowered into the ground and his mother heaved with sobs.
As they absorb their loss, the effort to carry out the biggest mass deportation operation in US history continues.
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