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The Janes is a documentary film that takes viewers to pre-Roe v. Wade America, where abortion was a crime in most states. It is based on a group of women who built an underground network for women seeking safe and affordable abortions and called themselves Jane.
The documentary comes at a time when the political climate in the US is embroiled in a heated battle over the reproductive rights of women, with fears looming around a possible overturning of the Roe v. Wade verdict.
Directed by Emma Pildes and Tia Lessin, The Janes is set to premiere in the US on June 8, 2022, at 9.00 pm ET/PT on HBO and HBO Max. Here's a breakdown of the landmark Roe v. Wade ruling ahead of the documentary's release.
Origins of the Roe v. Wade ruling explored ahead of 'The Janes'
In 1973, a lawsuit filed to challenge Texas abortion laws led to the prominent Supreme Court ruling that unduly restrictive state regulation of abortion is unconstitutional. Before Roe v. Wade, abortion was illegal in Texas unless it actively saved the mother's life. Both getting and performing an abortion was a crime.
The case began in 1970 when Norma McCorvey, aka Jane Roe (a fictional name used to protect the plaintiff's identity), instituted federal action against Henry Wade, the district attorney of Dallas County, Texas.
The arguments provided by the state of Texas to defend the abortion restriction were based on the state's interest in safeguarding health, maintaining medical standards, and protecting prenatal life. The state also argued that a fetus is a "person" protected by the 14th Amendment and that protecting prenatal life is a compelling state interest.
Jane Roe and others held that the Texas law invaded an individual's right to liberty and infringed on the rights to marital, familial, and sexual privacy guaranteed by the Bill of Rights. They argued that the right to an abortion should be absolute.
After hearing from both sides, the Supreme Court furthered two critical decisions:
1) The United States Constitution provides a fundamental "right to privacy" that protects a person's right to choose whether to have an abortion.
2) But the abortion right is not absolute. It must be balanced against the government's interests in protecting health and prenatal life.
Implications of the Roe v. Wade ruling
A common misconception is that Roe v. Wade legalized abortion. When, in fact, all it did was change the way states can regulate abortion and delimit abortion within the constitutional rights of privacy.
According to the Guttmacher Institute, before the Roe v. Wade decision, approximately one million illegal abortions were being carried out per year in the US. Since the verdict, that number has remained more or less the same, except for the rate of deaths that used to occur due to abortions. With abortions being conducted more safely by qualified professionals, the death rate dropped drastically in the years after the verdict.
The status of Roe v. Wade today
Roe v. Wade's landmark verdict has not been without dissent and opposition. Abortion opponents demand an overturning of the judgment and advocate for stricter abortion laws. The issue remains a hot topic in presidential debates, and fear over whether the ruling could be overturned keeps phasing in and out in every regime.
The leaked Supreme Court decision that suggested Roe v. Wade would be overturned raised several questions about post-Roe America. It also sparked protests and an outcry regarding women's reproductive rights and agency.
'The Janes': A story about women who risked everything to help women exercise choice in a pre-Roe America
The film recounts the struggles and tribulations of women seeking abortion when it was a crime in most states in the 1960s. At such a time, an underground network of women calling themselves Jane dared to break the law and provide safe and affordable abortions. They offered a remarkable 11,000 abortions to many poor and marginalized women, who are often left on the fringes of the medical system.
The documentary will feature former Janes and women who used their services, along with legal and medical professionals offering their insights.
The Janes premieres on June 8, 2022, on HBO and HBO Max.
