Overturning of Roe v. Wade Will Further Exacerbate Wealth Inequality in “Justice” System
Last week’s decision by the Supreme Court to overturn Roe v. Wade (and thereby undoing the constitutional right to an abortion) will have devastating and long-lasting consequences, particularly for our most vulnerable populations. As a civil rights organization, Equal Justice Under Law’s mission is to fight wealth discrimination in the “justice” system, and we foresee this landmark decision by the highest court as a massive blow to the people for whom we fight for justice. Through our work, we know the criminal system already unfairly treats people with less means in a multitude of ways. Banning and criminalizing abortions, or any steps toward making abortions less safe and accessible, will negatively and disproportionately impact individuals in poverty and people of color, further exacerbating wealth inequality in this country.
Natasha Baker, Staff Attorney at Equal Justice Under Law, wrote “The Roe-to-Prison Pipeline” (featured on Medium.com) after a draft of the Court’s decision was leaked in May 2022. Baker details how Roe’s overturning will intensify wealth inequality within the “justice” system: “A post-Roe world involves people being incarcerated for abortions, miscarriages, and birth control. Their children will be incarcerated, too... Once in the system, two financial forces ensue that perpetuate poverty: (1) massive fines and fees are imposed and (2) the incarcerated are required to work for pennies, if anything.” The incarcerated are also forced to pay for basic needs such as food, medical care, and calls to speak with family. The result of incarcerating more people for pregnancy-related matters is more people in poverty and more profit for the governments and corporations that benefit from incarceration.
The Supreme Court’s decision also illuminates the overly politicized nature of our nation’s highest court. Judges should not make rulings based on personal moral views; rather, their decisions should be promoting equal justice under law. This ruling does just the opposite – allowing states to strip individuals of their bodily autonomy will cost lives and will dig those already struggling financially into a further hole of debt. Those with means may still be able to get an abortion if they want one; those without means will be faced with life-altering and potentially life-threatening decisions. These kinds of lawless decisions have eroded both confidence in and the perceived legitimacy of our judicial system.
Furthermore, the criminalization of abortion feeds into our country’s longstanding and harmful tradition of punitive revenge. Each one of Equal Justice Under Law’s cases highlights this tradition: whether its driver’s license suspensions or private probation or pretrial fees, our “justice” system is replete with policies and practices that punish people for being poor. Each person who is incarcerated for pregnancy-related offenses risks getting trapped by these policies; criminalizing abortion is yet another way that poverty can be both punished and perpetuated by the legal system. Rather than promote public safety and justice, our legal system is focused on punishment.
Phil Telfeyan, Executive Director of Equal Justice Under Law, stated, “We believe in a justice system that’s fair, equal, guided by law, and justice-seeking. From years of work fighting wealth-based discrimination, we know that inequality runs deep within this system. We remain steadfastly committed to continuing this fight in pursuit of equal justice.”