Overturning Roe v. Wade Hurts Us All

It affects you, me, and even the privacy and tech industries

Yesterday, POLITICO published a leaked draft SCOTUS opinion overturning Roe v. Wade. Overnight, I (along many other friends, family members, and colleagues) struggled to process this heartbreaking news. In this post, I take time out of an incredibly busy day and week to outline Roe’s practical importance and how its reversal would hurt us all.

Roe v. Wade is foundational U.S. privacy law, underpinning U.S. privacy law as we know today.

Let’s begin with stating the obvious: Roe v. Wade is foundational U.S. privacy law. It underpins U.S. privacy law as we know it today. Before Roe, there was little constitutional privacy protection in the U.S. (But see Griswold v. Connecticut which protected married couples’ rights to contraceptives.) Roe as case law is important for several reasons. The U.S. Constitution does not enshrine the right to privacy in its text, unlike other constitutions (e.g. the California Constitution). The U.S. — unlike many other jurisdictions, most notably the EU — does not yet have a comprehensive federal privacy law to protect our privacy rights. In other parts of the world, privacy rights are considered human rights — in other words, inalienable rights, or rights that cannot be taken away. The best we had was to find privacy rights under constitutional case law: Roe v. Wade. And they’re now about to be taken away, rolling back fifty (50) years of settled U.S. constitutional case law.

Without Roe v. Wade, all our privacy rights are limbo under U.S. constitutional law.

Roe vs. Wade does not only protect women. It also underpins constitutional law protections for men’s and LGBTQ+ privacy rights. Privacy rights are for everyone, regardless of color, sex, gender, or class. And yes, Roe even protects white men from state legislation requiring or banning vasectomies or legislation of sexual acts they engage in behind closed doors.

Overturning Roe v. Wade takes away people’s power.

Privacy is power. Roe’s reversal would take away our constitutionally protected privacy rights and allow states to legislate not just on abortion, but also on other sensitive issues, such as contraception, sex, marriage, all of which affect all people. It would essentially take away our power, our agency to determine what’s right for ourselves.

“I’m not a woman. Who cares?”

I realize that the above privacy rights discussions might be too lofty for some, so indulge me in making the implications of Roe’s reversal real and practical for many of my readers and connections in my network.

How Roe affects all of our colleagues

We all have mothers, wives, sisters, daughters, and/or female coworkers. Many will be faced with abortion decisions for both wanted (yes, wanted!) and unwanted pregnancies. Punishing them and taking away their right to decide for themselves would place huge emotional, physical, and financial burdens on them.

We all have mothers, wives, sisters, daughters, and/or female coworkers. Many will be faced with abortion decisions for both wanted (yes, wanted!) and unwanted pregnancies. Punishing them and taking away their right to decide for themselves would place huge emotional, physical, and financial burdens on them.

How Roe affects our (privacy) colleagues

Roe is about privacy. With the absence of a comprehensive federal privacy law, U.S. privacy law becomes less adequate. Without Roe, privacy and trade professionals won’t even be able to rely on U.S. constitutional case law to defend the strength of U.S. privacy law.

How Roe affects our (tech) colleagues

Again, we all have female coworkers (and male workers with mothers, wives, sisters, or daughters). It’s in our fiscal interest to make it safe for them to decide for themselves when faced with abortion decisions for both their wanted and unwanted pregnancies. Without Roe, many women (and their partners!) would have to rely on work healthcare benefits, consider less safe abortion options, travel to another state, take time off for such travel, and take additional time off for any complications posed by less safe abortion options.

“Without Roe, many women (and their partners!) would have to rely on work healthcare benefits, consider less safe abortion options, travel to another state, take time off for such travel, and take additional time off for any complications posed by less safe abortion options.”

So, yes, overturning Roe v. Wade would hurt us all.