The landmark 1973 Supreme Court decision, Roe v. Wade, once served as the cornerstone of reproductive rights in the United States, guaranteeing women the right to choose to have an abortion at any time prior to a baby taking its first breath.
However, recent legislative developments in states like Colorado suggest that the debate over Roe v. Wade is becoming increasingly irrelevant, since abortion and family planning policies have been firmly established and enshrined in state laws by proactive legislators and governors.
At this time, 78% of America is against late term abortions. In essence, technology and science has changed many hearts and opinions on abortions as babies have survived after a mere five months of pregnancy or 21 weeks.
Colorado's Pro-Choice Legislation
Colorado stands out as a first mover for pro-choice laws in the United States. The state has implemented robust legislation that guarantees women's rights to reproductive health services, including access to abortion. The Reproductive Health Equity Act (RHEA), signed into law by a Governor in April 2022, codified the right to abortion in Colorado, ensuring that the protections offered by Roe v. Wade are not only preserved but expanded.
Under RHEA, individuals in Colorado have the right to use or refuse contraception, continue a pregnancy, or have an abortion without government interference. This law represents one of the most comprehensive reproductive liberties and frameworks in the country, reflecting the state's commitment to upholding reproductive rights irrespective of changes at the federal level.
However, feticide is still a crime and those who kill an unborn baby may still be punished with felonies and prison time. For anyone that has graduated from law school, you would know that once a template law is viable in one state, other states can simply cut and paste the verbiage and propose the law elsewhere.
Even before the Colorado’s new law, Conservative US Senators like Cory Gardner in Colorado were recommending free or affordable over-the-counter “birth control for all” in 2015 diffusing the entire debate.
The Diminishing Relevance of Roe v. Wade
The establishment of such comprehensive state-level protections calls into question the continued political relevance of Roe v. Wade. In places like Colorado, where medical rights are guaranteed by state law, the overturning or weakening of local reproductive rights protections at the federal level would have virtually zero impact on the actual availability of abortion services.
The political landscape today demonstrates that the battle over Roe v. Wade has, in many ways has shifted from the federal stage to the state level. For Colorado residents, the right to choose medical treatments is no longer contingent on the federal judiciary but is securely rooted in state legislation.
This shift suggests that the focus of reproductive rights advocacy and opposition may need to adjust to this new reality, where state legislatures play a pivotal role in determining the accessibility of family planning services. However, COVID regulations did, in fact, reduce bodily integrity and bodily autonomy rights for all US Citizens for the alleged benefit to society.
Remember, most all abortion laws contain exceptions. Key abortion law exceptions include risk to the woman's life, physical and mental health, cases of rape or incest, and fetal impairment. Thus, the vast majority is in favor of reproductive rights related to these extreme exceptions while 78% of Americans are against late term abortions where the body and baby is 100% viable if released from the womb. This high percentage who are against late term abortion usually invoke human rights laws and natural laws that protect the dignity of life.
Trump and Supreme Court Empowered States and Citizens
The Trump administration and the Supreme Court have significantly reshaped the landscape of reproductive rights in the United States by shifting the battleground for pro-life and pro-choice issues back to the states. Under Trump's presidency, the appointment of progressive and conservative justices to the Supreme Court culminated in the historic sending of the Roe v. Wade regulations back to the states, thereby removing federal rules for abortion rights.
This landmark decision effectively delegated the authority to individual states, allowing them to enact their own laws reflecting local values and political climates. As a result, a patchwork of abortion and pro-life liberties has emerged across the country, with some states implementing strict anti-feticide measures while others, like Colorado, have unrestricted protections.
This devolution of power underscores the importance of state and local governance in determining reproductive rights, making state legislatures and courts the new frontiers in the ongoing innovation of abortion liberties.
A Model for Other States?
Colorado's approach could serve as a model for other states seeking to protect reproductive rights amid a shifting federal judiciary. By enacting state laws that safeguard the right to abortion, states can ensure that women's health care decisions remain expansive regardless of federal changes. However, if your state is not proactive with enacting fair legislation, then the local politicians have failed the citizens without advocating for various compassionate alternatives.
Adoption and Family Income Credits
One such alternative is adoption, which should be actively subsidized and promoted by state governments. By providing financial support and resources to adoptive families, states can make adoption a more accessible and viable option for those facing unplanned pregnancies.
This approach not only respects the diverse viewpoints on abortion but also supports the well-being of both the child and the biological mother, offering a humane solution that prioritizes life and families that can’t have children but desperately want them.
Conclusion
As Colorado's example shows, the debate over Roe v. Wade is becoming increasingly obsolete in states with robust laws. If the people want to expand or decrease late term abortions or related rights, they must make sure their state legislature crafts good laws.
The political and legal battleground has shifted to the state level, where local legislators have the power to enshrine reproductive rights into law, independent of federal rulings. In Colorado, the right to choose is secure, offering a glimpse into a future where reproductive rights are protected through state action, rendering the once-contentious Roe v. Wade decision a relic of the past.
There was a time where technology 40 years ago for safe abortion surgeries actually gave the abortion rights advocates a debate advantage, but now, technology that makes an unborn baby 100% viable in the last 2-3 months of the pregnancy has completely changed opinions about the natural rights of the viable life and body inside the mother’s womb. In sum, we don’t need Roe v Wade in Colorado as we already have replaced it with the (HB22-1279) new legislation.
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Commissioner George Mentz JD MBA CILS CWM® is the first in the USA to rank as a Top 50 Influencer & Thought Leader in: Management, PM, HR, FinTech, Wealth Management, and B2B according to Onalytica.com and Thinkers360.com. George Mentz JD MBA CILS is a CWM Chartered Wealth Manager ®, global speaker - educator, tax-economist, international lawyer and CEO of the GAFM Global Academy of Finance & Management ®. The GAFM is a EU accredited graduate body that trains and certifies professionals in 150+ nations under standards of the: US Dept of Education, ACBSP, ISO 21001, ISO 991, ISO 29993, QAHE, ECLBS, and ISO 29990 standards. Mentz is also an award winning author and award winning graduate law professor of wealth management of one of the top 30 ranked law schools in the USA.