For more than 50 years, reproductive health cases have been heard by the Supreme Court, and the public’s attention to such issues following changes made to the court have renewed both sides of the debate.
Justice Amy Coney Barrett was appointed by President Donald Trump and confirmed to take the seat of late Justice Ruth Bader Ginsburg by the Supreme Court Monday. Some advocates and scholars say they are concerned about advances toward gender equality during Ginsburg’s time on the bench being preserved, while supporters of Barrett look forward to her contributions on the court.
Lyn Tjon Soei Len, legal scholar and women’s gender and sexuality studies professor at Ohio State, said the opening on the court raises questions for the future.
“Ruth Bader Ginsburg is just such an icon, and her loss is just devastating for many young feminists that I meet in my classroom,” Tjon Soei Len said. “Especially for those who care about gender equality and gender justice, this nomination just makes the future look really disconcerting.”
Barrett, a law professor at Notre Dame University and a federal judge, describes herself as an originalist, which means she believes the Constitution is to be interpreted according to the understanding of its authors, Tjon Soei Len said.
Allie Frazier, director of communications at Ohio Right to Life, a pro-life education and lobbying organization that advocates against abortion, said she supports Barrett enthusiastically.
“Amy Coney Barrett has incredible credentials, both in her personal and professional life,” Frazier said. “She is shown to be a person who understands responsibility and I believe will handle her role with wisdom and grace.”
Planned Parenthood Advocates of Ohio spokesperson Laurel Powell and Tjon Soei Len are wary of Barrett’s confirmation. Rights associated with women’s reproductive health, such as abortion and LGBTQ rights, are not necessarily recognized as constitutional rights under an originalist interpretation, Tjon Soei Len said.
Powell said a more conservative judge, like Barrett, would put not only reproductive health at risk, but health care in general.
On Nov. 10, the Supreme Court will hear oral arguments on the constitutionality of the Affordable Care Act. The ACA put in place a number of policies, including being able to stay on a parent’s insurance until the age of 26 and protection for patients with preexisting conditions, both of which can affect students, Powell said.
Powell said Ohio State students and other residents near campus can receive health care from Planned Parenthood, regardless of whether or not they have insurance. She said financial aid programs help manage costs for those without insurance.
Services include sexually transmitted disease testing and treatment, birth control, HIV services, pregnancy testing and services, abortion referrals, and primary care, according to the Planned Parenthood website. The organization and the reproductive health services it provides could be at risk if policies change, Powell said.
“Reproductive health care is on the line, whether it’s a Planned Parenthood or at an independent women’s health clinic. It’s all on the line,” Powell said.
Frazier said Ohio Right to Life is hopeful that Barrett will support the mission of their organization.
“We do believe that Justice Amy Coney Barrett respects the right to life of every individual. But at the end of the day, we believe that she is going to rule based on the Constitution, and that is exactly what makes her qualified for the Supreme Court,” Frazier said.
Correction: a previous version of this story included a photo of a pregnancy crisis center next door to the North Columbus Planned Parenthood.