Roe v. Wade was overturned on June 24, 2022, after the Supreme Court ruled on Dobbs v. Jackson Women’s Health Organization, just a few months before the original court case’s 50th anniversary. The original court case was between Norma McCorvey, under the alias of Jane Roe, and Henry Wade. Henry Wade was the district attorney for Dallas County, Texas. Texas, at the time, had made it illegal to seek an abortion unless it was doctor mandated. To which the plaintiff claimed that it was unconstitutional to make abortions illegal because it breached the First, fourth, fifth, ninth, and fourteenth amendments. The U.S. Supreme Court decision has resulted in a tsunami of rippled effects, several of which are still unraveling. One of which involves Walgreens. In early March 2023, Walgreens, the nation’s second-largest pharmacy chain, promptly ended its distribution of abortion pills in over 20 states. With 13 states already making abortions completely illegal, many other states have begun to tighten restrictions on access to abortion pills and contraception. In Walgreens Faces Blowback for Not Offering Abortion Pills in 21 States, authors Pam Belluck and Julie Creswell state the cause behind Walgreens’ decision was the increasing pressures from Republican attorneys who have threatened legal action against the distribution of abortion pills and contraceptives. [1] After several states made abortions illegal, it has resulted in a rise in crossing state borders for abortions, DIY-at-home abortions, and unsafe abortions.
A fact sheet posted by Planned Parenthood delves into the science behind medical abortion. There are two primary forms, Mifepristone, and Misoprostol, which can be sued up to ten weeks after the first day of the last menstruation. [4] Mifepristone works by blocking progesterone, a hormone essential for the continuation of pregnancy. This results in the lining of the uterus breaking down- resulting in the termination of the pregnancy. On the other hand, Misoprostol can be taken up to 48 hours later and causes the uterus to empty- resulting in a crampy and heavy next period. The FDA recommends that patients take Mifepristone and Misoprostol together, as it is more effective than Misoprostol alone. In The Availability and Use of Medication Abortion, the author(s) support this statement with statistics; “When taken together, they successfully terminate the pregnancy 99.6% of the time, with a 0.4% risk of major complications, and an associated mortality rate of less than 0.001%.” [4] Similarly, when taken together, this prevents the risk of the patient needing additional procedures further down the road.
An argument from the pro-choice side is a disconnect between the lawmakers and the people affected by the laws, especially the underprivileged class, who will be disproportionally affected. The pro-life argues that frequent use of abortion pills has the potential for “contraceptive genocide.” Erika Bachiochi, an anti-abortion advocate, claims, “Abortion has been the privileged response to female poverty and the plight of low-wage workers in this country.’ [2] However, the reasonings for abortion vary from financial concerns to patient safety. Statistically, nearly 3/4 of women seeking abortions are from low-income situations, many of which are from average familial incomes that are double below the national federal poverty level. Similarly, abortion advocates claim that, statistically, carrying an unwanted pregnancy quadruples the chances that the woman and her child will live below the federal poverty line. [2] Aside from financial issues, access to abortions/abortion pills can prevent health issues in the expecting patient. The lack of abortions could increase the likelihood of death in teenage pregnancy, ectopic pregnancies, and the heightened emotions from carrying a stillborn to full-term. Correspondingly, cases involving rape and incestuous pregnancies can negatively affect the carrier’s health and emotions. Many believe the pro-life side has hypocritical tendencies, claiming they care about the safety and protection of those “unborn” children. Yet, they are the same politicians that do not support widespread access to healthcare, free meals for the underprivileged, and lack of regulation of issues that have raised the statistics in child deaths.
The vernacular memory surrounding the previous accessibility has caused massive backlash against Walgreens following its controversial decision. In 1988, Mifepristone (RU-486) was passed in France, despite an enormous public anti-abortion outcry. Despite its proven history of effectiveness and safety, it was banned in the U.S. and many other countries. However, an American woman Leona Benten was one of the first to challenge this ban in court. Although she lost the case, it brought national attention to the medications, which allowed it to gain support to overturn the ban years later. Mifepristone and Misoprostol have counted for nearly half of all abortions in the U.S. were medicated abortions. [3] An overwhelming amount of scientific and medical evidence supports that abortion medications are safe and effective. [3] Despite the ban and refusal to sell abortion pills, women will find ways to get an abortion. The ban has only stopped safe abortions; there will be a rise in unsafe abortions, and complications due to unsafe abortions will be remembered through vernacular memory.
Eileen Weng
Work Cited:
[1] Belluck, Pam, and Julie Creswell. “Walgreens Faces Blowback for Not Offering Abortion Pill in 21 States.” The New York Times, The New York Times, 8 Mar. 2023, https://www.nytimes.com/2023/03/07/business/walgreens-abortion-pill.html.
[2] D’Innocenzio, Anne, and Alexandra Olson. “Low-Wage Workers Bear Financial Burden of Denied Abortions.” PBS, Public Broadcasting Service, 26 Oct. 2022, https://www.pbs.org/newshour/economy/low-wage-workers-bear-financial-burden-of-denied-abortions#:~:text=Being%20denied%20an%20abortion%20often,who%20couldn’t%20get%20abortions.
[3] “The Availability and Use of Medication Abortion.” KFF, 8 Mar. 2023, https://www.kff.org/womens-health-policy/fact-sheet/the-availability-and-use-of-medication-abortion/.
[4] “The Facts on Mifepristone” – Planned Parenthood. https://www.plannedparenthood.org/uploads/filer_public/42/8a/428ab2ad-3798-4e3d-8a9f-213203f0af65/191011-the-facts-on-mifepristone-d01.pdf.
[5] “Walgreens Is Prepared to Transform to Meet the Needs of the Modern Customer.” MobiHealthNews, 12 Oct. 2020, https://www.mobihealthnews.com/news/walgreens-prepared-transform-meet-needs-modern-customer.
The vernacular memory of abortion in the United States is predominantly of those women that sought unsafe abortions. Some of the most popular expressions of abortion in media such as Dirty Dancing and Sally’s Pigeons by Cindy Lauper, display the issues of no access to abortion. These pieces of vernacular memory spread awareness of the lengths individuals are willing to go to to ensure their best life. They serve as pop culture PSAs that portray real-life struggles. Access to abortion pills is a more convenient and anonymous alternative to surgical abortions. During my research, I discovered that protestors would harass patients, partners, and staff of abortion clinics, the anonymity of picking up a prescription from the pharmacy provides a safer alternative to the harassment and emotional and psychological abuse individuals are subjected to. Walgreens as a prominent drugstore company throughout the U.S. has greatly influenced communities. It has adopted a friendly “neighborhood” environment that is both particular to that community and universal as a corporation. Denying access to these necessities can greatly harm the communities it claims to be a part of.
Making abortion illegal again “has resulted in a rise in crossing state borders for abortions, DIY-at-home abortions, and unsafe abortions,” as you said. I think this is particularly interesting as this is exactly what happened prior to Roe v. Wade when the first states began legalizing abortion in 1970. The vernacular memory that surrounds illegal abortions is being re-remembered now after Roe. Once again, women will go to great lengths to make the best medical decisions for themselves, even without the government’s support. I think it is important to remember what women had suffered for generations and what this new ruling will force women to once again do.
As you pointed out, the criminalization of abortion – far from reducing abortion – has only increased the occurrence rates of high-risk, “DIY” methods. If you’re up for it, then to help this paper really hit home, I might try finding some pieces that display the presence of unsafe abortion methods – i.e., the use of wire clothes hangers – in popular culture. Showing that these methods are already a part of Americans’ collective memory will both help this paper to continue discussion of the subjects taught in this class, and will also highlight the futility of upholding Dobbs v. Jackson. That said, the topic is definitely gruesome, so only go investigating if you’ve got a strong stomach.