1: PREGNANCY RESOURCE CENTERS
The first event was actually thanks to the foresight of pro-life advocates before the Roe decision was even in place: the formation of the first pregnancy resource centers or PRCs.
The first PRCs began to appear in 1967 and with the Roe v. Wade decision being passed down in 1973, the rate of PRCs began to increase quickly.
Today, there are more than 2,600 PRCs in the United States that support women who face unplanned pregnancies or other difficulties with pregnancies, outnumbering brick-and-mortar abortion clinics by more than 3-to-1. From pregnancy to birth and through parenting, PRCs have been on the frontlines of providing resources for women and their babies. Americans United for Life has developed the Pregnancy Center Advocacy Hub, which connects women with PRCs around the country and allows PRCs to advocate for and against policies that affect their everyday operations.
Click here for more information about Americans United for Life Pregnancy Center Advocacy Hub!
2: THE 1992 CASEY CASE
The second event we must consider is the Supreme Court’s ruling in Planned Parenthood V. Casey. In 1992, the Supreme Court ruled in Casey that abortion is a due process right, but notably replaced Roe’s trimester benchmark and with the undue burden standard, leading to states not being allowed to restrict abortion before fetal viability.
Though, at the core, Casey affirmed many of the same tenants that federally protected abortion, the ruling undercut Roe’s “fundamental right rubric” weakening its foundation by replacing the strict scrutiny test with a more flexible “undue burden” standard and laying the groundwork for more flexible interpretations of abortion regulations and the passage of pro-life legislation that would continuously undermine and in toward the overturning of both Roe and Casey. Click the link below to give to the work of Americans United for Life as we continue to fight for the right to life to be fully recognized in the courts, culture, and government.
Click here to read the case!
3: TEST CASES
The third milestone took place over nearly a dozen test cases appealed from the states to the United States Supreme Court.
Litigation in the state courts exposed contradictions and inconsistencies in the Roe ruling. Cases such as Planned Parenthood v. Danforth, Singelton v. Wulff, and Maher v. Roe all tested the veracity of Roe in different ways, chipping away at the foundation of abortion in America. This all provided evidence for a the five-factor test highlighted in Justice Alito’s opinion in the Dobbs that was central to his argument that Roe and Casey were outliers in constitutional law, lacking a firm basis in text, history, or tradition. Americans United for Life was actively involved in all these test cases, submitting amicus briefs in support of states challenging problematic abortion law.
Click here to learn about AUL’s involvement in Court Cases!
4: LEGISLATION
The fourth milestone leading up to the fall of Roe v. Wade was the pro-life legislation passed in states across the country attempting to limit abortion.
After the Supreme Court’s ruling in Planned Parenthood v. Casey in 1992, states were more invigorated than ever to pass abortion regulations. The pro-life movement gained momentum in the late 2000s and early 2010s, adopting more focused and coordinated strategies to incrementally challenge abortion rights.
By 2022, 21 states had trigger laws in place that would either not allow abortion within their border or strictly regulate the procedure. Americans United for Life has been historically instrumental in moving the legislative needle across the country, drafting model bills and providing written and oral testimony to protect life.
Click here to learn about AUL’s recent testimony in state-level legislation and read our pro-life legislation models!
5: A SPIRIT OF EVIDENCE-BASED DETERMINATION
As we are getting closer to the third Dobbs anniversary, we have to acknowledge a fifth important but often unacknowledged milestone that was essential to the eventual fall of Roe: an evidence-based cultural shift that spurred on further resilience. With the release of undercover videos in 2015 by David Daleiden exposing Planned Parenthood for selling fetal tissue, Americans were given insight into the horrors that had long gone on behind closed doors.
But more than that, technology and a focus on empirical evidence have brought forth a groundswell of pro-life support. Pro-life advocacy across the country grew exponentially via lobbying, student groups on college campuses, and pro-life marches. The pro-life community united together like never before to advance the end of the Roe era.
Americans United for Life has spent more than half a century leading a shift of American culture toward life, exhibiting determination through our academic efforts and media outreach. But this was all thanks to the efforts of our lifelong supporters.
Click here to read about the American Life Initiative: Our Vision for the Pro-Life Movement Post-Roe!
6: PRESIDENTIAL INFLUENCE
The fifth essential milestone that led to the overturning of Roe was the influence of President Donald Trump. After eight years of President Obama’s pro-choice policies, Republicans decided he had gone too far. In 2016, tensions were nearly as high as they had been nearing the original Roe V. Wade decision. On the campaign trail, President Trump and former Vice President Pence explicitly committed to overturning Roe v. Wade and worked to see this monumental historical moment take place, most significantly by appointing Justices to the Supreme Court who would uphold the constitutional values of life. Leadership matters, and when the presidential leadership got serious about overturning Roe, it happened, leading some people to call President Trump the “most pro-life president in history.
7: RETURNING TO ORIGINALISM
The seventh milestone in the fall of Roe V. Wade was the number of constitutional originalist judges appointed across the country. Overturning a Supreme Court decision with nearly 50 years of precedence is no small thing. It took years to plan and years to execute. Groups like the Federalist Society worked hard to produce lists of originalist judges to appoint to benches in district, state, and federal courts throughout the United States, diffusing a sense of conservative originalism into the American courts.
8: POLITICAL LANDSCAPE CHANGED
The eighth milestone in the fall of Roe V. Wade was the changing landscape of politics. As the democrats drifted more pro-choice, the republicans became more pro-life until, in 2019, the last pro-choice member of the Republican Caucus retired. Republicans became united on the life issue as political ideologies were solidified and lines were drawn. The support for pro-life candidates increased, and the cause for life was pushed to the forefront of public political debate.
9: THE SUPREME COURT
The ninth milestone in the fall of Roe V. Wade, was the changing makeup of the Supreme Court. It was well known that 5 originalist justices were needed to make this consequential decision, and after the deaths of Justice Antonin Scalia and Justice Ruth Bader Ginsburg as well as the retirement of Justice Anthony Kennedy, President Trump was able to appoint and confirm three constitutional originalists in their place: Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Amy Coney Barrett. These three votes gave the court the 5 votes needed to make the historic decision. Roe was overturned.
10: THE DOBBS ANNIVERSARY
The final event that led to the overturn of Roe v. Wade, was the Dobbs v. Jackson Women’s Health case, which was a landmark decision, decided 3 years ago TODAY that overturned Roe and Casey and returned the abortion issue to the democratic process. On this Friday, 3 years ago, many were gathered outside the Supreme Court as this monumental and historical decision was decided, becoming a huge victory for life. Though the battle is not over, we celebrate this miracle of a victory, and continue to fight state-by-state until all are welcomed throughout life and protected in law.
Click here to read Clark Forsythe’s book. “Pushing Roe v. Wade Over The Brink” which dives further into the Roe v. Wade case and the hope in the pro-life movement moving forward as we celebrate the Dobbs anniversary!
Click the link below to give to the work of Americans United for Life as we continue to fight for the right to life to be fully recognized in the courts, culture, and government.
