What happens if Roe v. Wade is overturned?
Roe v. Wade has guaranteed a constitutional right to abortion in the United States for nearly five decades. But a conservative Supreme Court could overturn the landmark 1973 decision. If this happens, access to abortion could be determined in state legislatures across the country.
Most Americans oppose overturning Roe v. Wade and want abortion to remain legal. But public views are complex, with most Americans showing support for limitations on abortion, including how late in a pregnancy abortions can be performed.
At least 21 states have already passed laws prohibiting or restricting abortion, though they are currently unenforceable due to Roe v. Wade. For example, Alabama’s law, which passed in 2019, allows abortion only when the fetus has a lethal abnormality or there’s a serious health risk to the mother. Another half dozen states, mostly in the South, have passed laws that would prohibit abortions after doctors detect a fetal heartbeat, usually around the sixth to eighth week of pregnancy.
In some ways, the focus on Roe v. Wade has obscured the fact that access to abortion in the U.S. is already uneven. The number of clinics that offer abortions has steadily declined. Many states already enforce restrictions such as requiring parental notification or consent for minors or mandated counseling, ultrasounds and waiting periods.
Create a More Connected Minnesota
MPR News is your trusted resource for the news you need. With your support, MPR News brings accessible, courageous journalism and authentic conversation to everyone - free of paywalls and barriers. Your gift makes a difference.
Tuesday, MPR News host Kerri Miller talked to a legal scholar and a historian about how state politics could soon become much more important in determining the legal right and access to abortion.
Guests:
Mary Ziegler is a professor at Florida State University College of Law and author of “Abortion in America: Roe v. Wade to the Present.”
Karissa Haugeberg is an associate professor of history at Tulane University.
Editor’s Note (Oct. 20, 2020): This post has been updated with a new guest. Stacie Taranto was not able to join the conversation.
To listen to the full conversation you can use the audio player above.
Subscribe to the MPR News with Kerri Miller podcast on: Apple Podcasts, Google Podcasts, Spotify or RSS.