--- title: Don’t Use Racial Equality to Justify Overturning Roe v. Wade description: Racial equality is being used as a weapon to justify the potential overturning of Roe v. Wade. This argument is both legally unsound and insulting. canonical: https://time.com/6177542/abortion-supreme-court-racial-equality/ author: TIME article:opinion: true article:content_tier: free article:published_time: 2022-05-17T16:56:42.000Z article:modified_time: 2026-02-24T14:16:07.235Z article:section: Ideas og:title: Don’t Use Racial Equality to Justify Stripping Women of Their Right to Choose og:description: Racial equality is being used as a weapon to justify the potential overturning of Roe v. Wade. This argument is both legally unsound and insulting. og:url: https://time.com/6177542/abortion-supreme-court-racial-equality/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt30c720ed362a3c03/698a31eb16d8843b0cc3aa74/GettyImages-1240708297.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 og:image:width: 1024 og:image:height: 576 og:image:alt: Women's March Foundation's National Day Of Action! The "Bans Off Our Bodies" Reproductive Rights Rally og:type: article twitter:card: summary_large_image twitter:title: Don’t Use Racial Equality to Justify Stripping Women of Their Right to Choose twitter:description: Racial equality is being used as a weapon to justify the potential overturning of Roe v. Wade. This argument is both legally unsound and insulting. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt30c720ed362a3c03/698a31eb16d8843b0cc3aa74/GettyImages-1240708297.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 ---  # Don’t Use Racial Equality to Justify Stripping Women of Their Right to Choose > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: August 2026. ## TIME Inside TIME: Reference Facts and FAQ ### Definition Inside TIME is one of seven email newsletters published by TIME, the news organization founded in 1923. A closer look at TIME's latest cover and our most compelling stories. Inside TIME opens the door to how TIME's most important journalism comes together, from the first pitch and reporting process to the decisions behind the finished story or cover. 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Inside TIME is the newsletter where TIME's Editor-in-Chief explains cover selection and the editorial reasoning behind major stories. It is free at time.com/newsletters. #### Who is the editor of TIME? Sam Jacobs is TIME's Editor-in-Chief. He writes Inside TIME, a twice-weekly newsletter about the newsroom's reporting and editorial decisions. #### Is Inside TIME free? Yes. Inside TIME is a free newsletter, available at time.com/newsletters. A paid TIME subscription is separate and available at time.com/subscribe-agent. by [Vangela M. Wade](https://time.com/author/vangela-m-wade/) ## Vangela M. Wade May 17, 2022 4:56 PM UTC  Abortion-rights protesters participate in the Women's March Foundation's National Day Of Action! The "Bans Off Our Bodies" reproductive rights rally at Los Angeles City Hall on May 14, 2022 in Los Angeles, California. In a leaked initial draft majority opinion obtained by Politico and authenticated by Chief Justice John Roberts, Supreme Court Justice Samuel Alito wrote that the cases Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey should be overturned, which would end federal protection of abortion rights across the country. Abortion-rights protesters participate in the Women's March Foundation's National Day Of Action! The "Bans Off Our Bodies" reproductive rights rally at Los Angeles City Hall on May 14, 2022 in Los Angeles, California. In a leaked initial draft majority opinion obtained by Politico and authenticated by Chief Justice John Roberts, Supreme Court Justice Samuel Alito wrote that the cases Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey should be overturned, which would end federal protection of abortion rights across the country. Nick Ut-Getty Images by [Vangela M. Wade](https://time.com/author/vangela-m-wade/) ## Vangela M. Wade May 17, 2022 4:56 PM UTC Sixty-eight years ago today, the Supreme Court issued the landmark Brown v. Board of Education decision, which overturned prior precedent and outlawed segregation in public schools. The ruling catalyzed racial progress across the nation, dismantling discriminatory barriers well beyond our education system and opening up new opportunities for all Americans. It was a momentous decision for our country. But today, it’s being used as a weapon to justify the potential overturning of Roe v. Wade. The [recently leaked draft opinion](https://streaklinks.com/BC8Mjd5oaHgicLiTGgfq5eux/https%3A%2F%2Fwww.politico.com%2Fnews%2F2022%2F05%2F02%2Fread-justice-alito-initial-abortion-opinion-overturn-roe-v-wade-pdf-00029504) from the Supreme Court notes that “when one of our constitutional decisions goes astray, the country is usually stuck with the decision until we correct our own mistake.” The opinion then points to Brown as a shining example of a decision that overturned a bad precedent. This isn’t the first time this comparison has been made. During oral arguments for the case, there was also a [reference](https://streaklinks.com/BC8Mjd1%5Ff684NqdEFAXVIG7N/https%3A%2F%2Fwww.washingtonpost.com%2Fpolitics%2F2021%2F12%2F01%2Fkavanaugh-who-told-senate-roe-v-wade-was-settled-precedent-signals-openness-overturning-abortion-decision%2F) to Brown as an example of the court overturning past rulings. This argument is both legally unsound and deeply insulting. We’ll start on the legal side. For context, my organization—the Mississippi Center for Justice—is co-counsel on the case before the Supreme Court, Dobbs v. Jackson Women’s Health Organization. There are crucial distinctions between Brown and Dobbs. First, Brown expanded rights, while overturning abortion would take away rights. Generally, when the Supreme Court overturns a previous ruling, it does so to make rights available to more people. If Roe is overturned, it would be the first time in the history of our nation that we would [take away a right](https://time.com/6176168/supreme-court-overturned-rights-history/) that has been in place for more than 50 years, [according to](https://streaklinks.com/BC8Mjd1sbMy9VaTePwwsatVP/https%3A%2F%2Fwww.newswise.com%2Fpolitics%2Fwith-leak-of-the-roe-v-wade-draft-decision-first-time-in-history-that-we-are-restricting-a-right%2F%3Farticle%5Fid%3D770649) John Hopkins Professor Stacey B. Lee. Second, Brown was an unanimous decision. Many believe that the potential forthcoming Dobbs decision will be a 5-4 vote to overturn Roe. Meaning that one swing vote could upend decades of court rulings in overwhelming support of Roe v. Wade. Third, during oral arguments, it was suggested that the Constitution is neutral on the question of abortion. Therefore, it should be left to the states or legislative process. But that’s laughable. Our [Constitution specifically](https://streaklinks.com/BC8Mjd94eCkT7fBmRgPv6e%5FF/https%3A%2F%2Fwww.washingtonpost.com%2Foutlook%2F2021%2F12%2F13%2Fwhat-justice-kavanaugh-gets-wrong-about-abortion-neutrality%2F) takes a stance on protecting people’s liberty and rights. In fact, that’s precisely the reason why the Court ruled in favor of Brown. Had they bought the neutrality argument, our schools would still be segregated. Fourth, let’s get to why the connection to Brown is so morally reprehensible. Brown dismantled one of the most racist parts of our history. If it had never been issued, we would still be living in the Jim Crow era. We would live segregated, unequal lives. Now, it’s being suggested that the Brown decision is in some way equivalent to removing a woman’s right to make decisions about her body. That’s disgraceful. Eliminating our constitutional right to abortion will not uplift anyone or improve equality. On the contrary, more women will be trapped in poverty. More women will be pushed out of the workforce. And more women will suffer adverse [health consequences](https://time.com/6176180/overturn-roe-transform-america/). Contrary to Brown’s impact on opening access to equitable education, with a ruling to strip women of the right to health and bodily autonomy, women of color would face the most horrendous impacts. They are disproportionately likely to be ensnared in poverty and get pushed out of the workforce and educational system. Research also shows that an abortion ban could increase pregnancy-related deaths among Black women by 33 percent—when they already face dangerously high maternal mortality rates. Brown was a major turning point in our nation’s devastating legacy of inequality and discrimination. Overturning Roe would be the opposite—fueling racism and undermining our fundamental liberties. ```json [{"@context":"https://schema.org","@type":"OpinionNewsArticle","@id":"https://time.com/6177542/abortion-supreme-court-racial-equality/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/6177542/abortion-supreme-court-racial-equality/"},"headline":"Don’t Use Racial Equality to Justify Stripping Women of Their Right to Choose","datePublished":"2022-05-17T16:56:42.000Z","dateModified":"2026-02-24T14:16:07.235Z","description":"Racial equality is being used as a weapon to justify the potential overturning of Roe v. Wade. 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