The US Supreme Court’s overturning of Roe v. Wade illustrated the accelerating erosion of democracy at different levels of government. Roe v. Wade, a ruling that granted women the right to abortion, was deemed by the Supreme Court to be wrong and not explicitly protected, and they claimed that it went beyond the Constitution. The decision was given to the states as to whether to keep or ban abortion within their borders. The rights of women were directly affected, and the process by which this occurred and the administration’s undoing of these liberties highlights the critical importance of protecting women’s rights at both the state and federal levels and the further erosion of American democracy.

The beginning of this controversy was in Mississippi back in 2018, coming from a law that banned all abortions after 15 weeks of pregnancy called the Gestational Act. Not long after, the Jackson Women’s Health organization sued less than an hour after the bill passed. The law was then put on hold by District Judge Carlton Reeves, who ruled that the Gestational Act was unconstitutional. Mississippi continued to appeal to the US Court of Appeals, but the court ruled in favor of the clinic. Mississippi would appeal again to the Supreme Court with plans of overturning Roe v. Wade and Planned Parenthood v. Casey. Mississippi argued that the fetus can sense pain and respond to stimuli up to 10 to 12 weeks, so the gestational age and viability needed to be changed. After much deliberation, the Gestational Act was deemed not unconstitutional; furthermore, the Constitution did not guarantee a right to an abortion. There were protests in many major cities, and the capital became the epicenter of them. Many advocates for pro-choice and women’s rights, but it was all in vain. Many states immediately passed legislation that limited or banned abortion entirely within their borders.

Democracy in America has granted the Supreme Court significant power. Justices serve for years and are appointed by the president. The fact is, the Constitution depends heavily on who’s in the court to enforce its decrees and morals. Horizontal accountability is important to any government, and in the United States, some branches and parts of the government hold greater power at certain times. The States being granted greater power raise questions about whether certain states within our country are experiencing democratic erosion faster or slower than others. How powerful can a state become compared to the federal government? This could be certain actions of a stealth authoritarian tactic, where it could further erode the US democracy. Using the power of the courts, if misused, can disrupt horizontal and vertical accountability. 

As citizens, it is very difficult to change court decisions without substantial resources to support a claim. Ozan Varol made some points on this when discussing horizontal accountability within democracies. Legal mechanisms, such as electoral regulations and judicial review, are very relevant to the subject of abortion. These mechanisms are hard to catch when you are experiencing them; only in time do some people recognize and speak out against the eroding democracy. Abortion is only the beginning of such a process and has set a dangerous precedent. Public confidence in our government’s ability to protect our rights becomes a greater issue when there is no trust in the government. The right to an abortion is important and was deemed a fundamental right for American women, but it is dependent on where one is geographically. 

 Furthermore, major pieces of legislation, such as the 13th Amendment, the many civil rights acts, and Roe v. Wade, have at some point greatly influenced Americans’ freedom. Where is the morality in law? It sparks a deep conversation about how women are viewed in America. The rights of a man have not been taken away, only provided more, while women are experiencing the opposite. This is a sign of democratic erosion, according to Dahl’s definition of a polyarchy: a nation should have inclusion and the ability to contest. Citizens are allowed to protest and share their issues, but certain administrations interpret such outcries as unlawful, which is another sign of deep-rooted democratic erosion. The removal of federal state acceptance of abortion is just the first example of many ways in which the government is slowly taking away our civil liberties. How does federalism affect rights such as abortion or other rights that affect a large number of people? Different states have different rights for women. Moreover, it represents deep political polarization within American political parties, which can undermine public trust and democratic legitimacy, especially as debates over abortion become more divisive and emotionally charged. 

However, there is still widespread civic engagement on many important topics, and abortion is still among them. There are protests and many ways to express political opinions, and the age of technology provides outlets for many to share their issues with the government’s failures. Hopefully, through civic participation, we can slowly overturn such policies that undermine our rights as Americans.