OPINION | 'The Supreme Court’s decision that ended a woman’s federally guaranteed right to an abortion barely even acknowledged the people it will affect,' writes Alex Berke
. Women are barely mentioned in Alito’s opinion. Controlling our bodies and ability to live our lives on our own terms is both the point and the outcome of this decision, but it does not merit much analysis. Alito tidily dispatches with the idea that overturning settled precedent to ban abortion would impact women.
Sixteen pages discuss “quickening” and the historical understandings of when a fetus is “viable” or capable of surviving outside the womb. Ultimately, Alito disregards the relevance of when the fetus is viable to the decision, stating that “If, as Roe held, a State's interest in protecting prenatal life is compelling ‘after viability,’ 410 U.S, at 163, why isn't that interest ‘equally compelling before viability.
Federal and state laws ban discrimination on the basis of pregnancy and gender. Yes, there are anti-discrimination provisions, but those do not prevent discrimination against women, they just give women some redress if they are discriminated. I say “some” redress because in order to prove discrimination, women have the burden of demonstrating that they were fired because of their pregnancy.
Of course, women continue to be discriminated against after they give birth and are responsible for keeping their child alive. During the first few years of the COVID-19 pandemic, women’s participation in the workforce fell to the lowest level in decades. Women continue to be the primary caregivers for their children,The U.S. continues to be the only developed country on earth without paid family leave.
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