Reproductive Rights, the Supreme Court, and Institutionalization

The most recent Hobby Lobby decision reminded me of previous cases where the Supreme Court adjudicated whether federal and state funding could be used for abortions (Harris v. McRae and Williams v. Zbaras). In 1980 the Supreme Court heard two cases related to the Hyde Amendment of 1976. The Hyde Amendment is a “rider” type of legislation that prohibits federal funding of abortion when it is medically “unnecessary.” In both cases the Court affirmed the law. Scholars of the abortion debate often view the passage of this law and the Court’s support as a critical historical juncture (Ferree, Gamson, Gerhards, and Rucht 2002; Staggenborg 1989). Both the Hyde legislation and the Court’s affirmation represent the first major anti-abortion successes following the Roe v. Wade case (1973). The Roe v. Wade decision was a landmark success for the abortion-rights movement, and the victory sparked a countermobilization that was strong and effective at challenging abortion rights activists (Meyer and Staggenborg 1996). Given the most recent Hobby Lobby decision, the tangible benefits of Roe v. Wade may come into question.