Students Respond to Dobbs V. Jackson: Part Two

Student organizations have issued two joint letters in response to the recent leaked SCOTUS draft opinion. BC Law Impact has agreed to publish these letters in the interest of continuing a respectful dialogue within our community on this important issue. The following letter was issued by the organizations listed below.


By now you have probably seen the student statement regarding the Dobbs v. Jackson Women’s Health Organization, Inc. draft opinion from the Supreme Court. Unfortunately, this statement may create the impression that it represents our entire community. It does not.

While we understand many students feel strongly opposed to the draft opinion, we are also aware that pro-life students are just as much a part of the BC Law community. BC Law has always been a place where people with different ideas and beliefs can learn from and befriend one another.

We hope it is made clear that not all student leaders agree to the statement put out earlier today through the Law Student Association email account. As the most recent Diversity and Inclusion Statement notes, we acknowledge and welcome a range of viewpoints. Those with principled disagreements can still share the same community. Diversity of thought makes our community strong. We are confident that tradition will continue.

The draft opinion represents a major victory for our democracy. In 1973, the Supreme Court ended debate on the contentious issue of abortion. They hoped then, and later in Planned Parenthood v. Casey, that the issue would be settled. Despite perhaps good intentions, they were wrong. Abortion raises significant moral questions about a woman’s liberty, medical care, and the rights of the unborn. Since abortion was erroneously crystallized as a constitutional right, court battles have led jurists with no expertise to attempt to determine when life begins. Many believe that this question should be answered by us and our representatives, not the judiciary.

As law students, we know that the courts are powerful. When properly constrained, regular people are free to decide through their elected officials what values our law will reflect. We encourage all students to respectfully speak their minds on this issue. We applaud the effort to return this important topic to the people. We agree with our classmates that this dispute is far from over. Should the draft opinion be adopted by the Court, the debate would only just begin.

At BC Law, we sincerely hope that an exchange of different ideas and beliefs continues respectfully.

Signed,
BC Law Republicans
International Law Society

Students Respond to Dobbs v. Jackson: Part One

Student organizations have issued two joint letters in response to the recent leaked SCOTUS draft opinion. BC Law Impact has agreed to publish these letters in the interest of continuing a respectful dialogue within our community on this important issue. The following letter was issued by the organizations listed below.


By now you have heard of the Dobbs v. Jackson Women’s Health Organization, Inc. draft opinion leaked from the Supreme Court overturning the decisions in Roe v. Wade and Planned Parenthood v. Casey. The draft, written by Justice Alito, sets the stage for millions of Americans to lose their constitutionally protected right to a legal and safe abortion. 

While the authenticity of the draft was confirmed, we still do not know whether this is the Court’s final opinion. Today, abortion is still legal in all 50 states. But if this is the Court’s opinion, it soon will not be. States have already been empowered to pass increasingly draconian and restrictive abortion bans in recent years. Twelve states have trigger bans that immediately go into effect if Roe and Casey fall. Some states have pre-existing anti-abortion laws still on the books. In all, abortion will be protected in less than half of U.S. states and territories if Roe and Casey are overturned. We also acknowledge that while Roe and Casey reified the right to abortion, access to this fundamental reproductive freedom is not accessible for all, especially low-income women of color, trans men, other pregnant people, and those living at the intersection of marginalized identities. Furthermore, coinciding with the uptick in laws modeled after Texas’ S.B.8, this decision opens the door to surveillance and criminalization of pregnant people and those who perform abortions.  In a criminal judicial system that has been built on systemic oppression, it is no surprise that the increased targeting of pregnant people will disproportionately criminalize Black, Brown and Indigenous people. Those who are disenfranchised in this country will experience the greatest impact from this decision. 

We also recognize that many people may fear the broader implications of this decision and what precedents may be overturned next. While people throw out the names of cases like Lawrence and Obergefell to illustrate the potential catastrophic consequences of the Court’s actions in Dobbs, the fear that many people have that their liberties and identities are threatened is very real. Even without the decision in Dobbs, the rights of LGBTQ youth and adults have been in peril–from “Don’t Say Gay,” to attacks on transgender youth, the community has a lot to fear. The Court’s decision–which will also inevitably impact trans pregnant people seeking healthcare at a higher rate– only adds to that. We stand in solidarity with our LGBTQ communities and communities of color.

As student leaders we realize the role we have to offer comfort, information, and solidarity in moments such as these. We want to acknowledge the deep sadness, anger, and fear many students–particularly those assigned female at birth–are feeling right now. We recognize that this comes at a very stressful time in the semester, making the news even harder to stomach. We will aim to create spaces to understand the intellectual and emotional implications in the fall and over the summer. Your community at BC Law is here to support you. 

As law students, we know the law is malleable, ever-changing, and a way to influence society. We encourage those of you who feel disempowered or frustrated by these decisions to use your power as a law student to effectuate changes you want to see. Whether that means donating to abortion funds or legal defense funds, explaining doctrine to others, engaging in legislative advocacy in your home state or at the federal level, or even joining the profession as a reproductive rights/justice advocate, this fight is far from over. 

Signed, 

American Constitution Society 
If/When/How: Law Students for Reproductive Justice
Law Students Association (LSA)
Asian Pacific American Law Students Association (APALSA)
Black Law Students Association (BLSA)
Boston College Law Democrats
Disability Law Students Association
Health Law Society
Holocaust/Human Rights Project
Immigration Law Group
Lambda Law Students Association 
Latin American Law Students Association (LALSA)
Middle Eastern Law Students Association (MELSA)
Public Interest Law Foundation (PILF)
Women’s Law Center

Where Abortion Is Illegal

The young girl was sick, afraid, and ashamed when she came to the hospital. She had had an unwanted pregnancy. In Uganda, abortion is illegal.[1] Without access to safe, legal reproductive health care, she turned to a traditional healer.[2] The traditional healer helped her end the pregnancy but she developed an infection.[3] Given the legal jeopardy and social stigma of abortion, the girl tried to keep it a secret and delayed seeking care; by the time she came to the hospital, she was septic and needed surgery to survive.

My friend was serving as a visiting physician at the hospital, teaching obstetrics and gynecology to medical students and resident physicians. She quickly performed surgery to control the infection. But that was just the start of the girl’s treatment. Northern Uganda is under-served and remote. Public health resources are lacking and hygiene can be difficult to maintain. Surgery is dangerous, but so is post-operative care. The risk of infection remains high. So, the girl had to spend months in the hospital, where doctors and nurses monitored her and changed her surgical dressings on a daily basis until she healed. She had to go back to the operating room three more times during that period. Through care and great perseverance, the medical team avoided having to perform a hysterectomy to eliminate the infection. When she could finally go home, she left quickly and quietly. My friend said it was likely her youth, the resilience of a teenager’s body, that allowed her to survive.

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