One Attorney Unpacks The Larger Implications Of The Roe v. Wade Reversal For Marginalized Folks

On Friday, it was announced that the U.S. Supreme Court had reversed Roe v. Wade, which federally protects a person’s right to an abortion. As a result of the news, in major U.S. cities, there were mass protests and many expressed sorrow and anger on social media about the news. J. Carter, Esq. is a principal attorney at the Carter Law Group, an adjunct faculty member at Pepperdine Law School, and was sworn into the Supreme Court Attorney Bar. In an email Carter, who specializes in family, entertainment, business, and estate law, shared her thoughts about the Roe v. Wade reversal, some of the implications of this monumental decision, and how the reversal will disparately impact marginalized folks.

Janice Gassam Asare: What were your initial thoughts around the Roe v. Wade reversal decision? How will this decision impact our country?

Jehan “J.” Carter: The U.S. legal profession is less than 5% Black. There are even fewer Black attorneys than that which are a part of the Supreme Court Attorney Bar, to which I have the honor to be a part of.?The recent decision to overturn?Roe v. Wade?is an important reminder of why we have to continue to fight for diversity in the legal profession even in the highest courts. In that vein, now more than ever, am I excited for Ketanji Brown Jackson to join the Court.

I am, however, disappointed that the conservative Justices with just one decision would turn back 50 years of precedent based on their political ties and personal beliefs. Women in my generation and younger now have less rights over our bodies than our mothers. I am afraid that this may lead to more women dying and other privacy laws being overturned like contraceptives, marriage equality and gay rights which Justice Clarence Thomas made clear he thought should be reconsidered in his written opinion. There are currently 26 states that have either total abortion bans, six to eight week bans or severe restrictions.?Of those 26 states, 13 are?‘trigger’ states whose abortion bans and restrictions took effect automatically once?Roe?was overturned—Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming.?While I was fortunate to be sworn in by all the justices including?Ruth Bader Ginsburg?shortly before she passed, I know this landmark decision has her rolling in her grave. This is a very sad moment for America, regardless of where you stand on the issue.

Asare: Who will be most harmed by this decision?

Carter: I think that poor women of color and pregnant rape victims will be affected most by this decision. Poor women of color will not be able to afford the?gas, flight and hotel fees to travel to a state not in the 26 that now restricts or bans abortions…on top of the fact that they may not be able to take more than one day off from work or have childcare for their other children while traveling.?This decision also does not make an exception for women that have been raped including teenagers that are victims of incest. It does however, allow states to make an exception for medical emergencies so states like Texas, Louisiana, Idaho and Missouri have this allowance but all define medical emergency differently, which just adds to the chaos of this decision.?

Asare: Some folks who are pro-life have made the argument that Planned Parenthood was created to control the Black population. What are your thoughts around that claim?

Carter: Abortion is a tough issue for most but I think, in particular, Black Americans are divided due sometimes to religious reasons but also because Planned Parenthoods historically have been made more available than primary care clinics in poor Black neighborhoods, which at a minimum, gives the appearance that the government was more willing to kill Black babies versus giving proper healthcare to the Black women in these same communities and some would even say a method of population control. This theory has been backed by some pointing to the fact that?in 1939, Margaret Sanger, one of the founders of Planned Parenthood, started the Negro Project alongside Black leaders like W.E.B. DuBois, Mary McLeod Bethune, and Reverend Adam Clayton Powell, to bring access to birth control to Black communities in the south. While some argue the project was to place Black doctors and nurses in these communities to reduce mistrust of a racist healthcare system, it is also documented that Sanger lost control of the project to white male leadership that had different objectives from her.?

Asare: What can a citizen who opposes this decision do, if they live in a state where abortions will become illegal?

Carter: If a woman lives in a state where her abortion is now illegal, she can travel to another state that does not have a restriction or ban. But as discussed earlier, this can be expensive and time-consuming depending on how far that next state is from this person. Also, which is probably the most shocking, you may be sued depending on where you live by traveling to another state to have an abortion done. [According to a recent statement from Governor Gavin Newsom’s office] ‘Missouri recently advanced a proposal to allow private citizens to sue Missouri residents who have an abortion?out of state, as well as their providers and anyone who assists them in seeking an abortion.’ Texas and Oklahoma already have abortion legislation that allows private citizens to sue people who perform abortions or who otherwise help someone get one inside of their states.?For those that want to continue to learn more and stay up to date on the latest developments of the outcome of this decision, they can visit?theBlackLawyers.com?and listen to?The Black Lawyers Podcast?that I host on all major platforms including Apple Podcasts and Spotify.

This interview has been lightly edited for clarity and brevity.

This article was originally published in Forbes.

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