These States Would Restrict Abortion if Roe v. Wade Falls

ItThe Supreme Court overturns Roe V. Wade, the 1973 ruling that established a constitutional right to abortion in America, it would reshape women’s reproductive rights across the country.

Draft of the Supreme Court decision in a leaked version Dobbs v. Jackson Women’s Health OrganizationPolitico first reported the news Monday evening. RoeThe states will be notified and able to make decisions on the legality of abortion. Numerous states have already passed or are contemplating so-called trigger legislations and other measures that could quickly curtail or ban abortion.

Expect the Court to make its final decision by December. Dobbs by the end of June, but the publication of the draft, and Politico’s reporting that a majority of Supreme Court justices support overturning RoeThe focus of attention has been on areas where the abortion rights will be most easily revoked.

“We hold that Roe Casey must be overruled,” Justice Samuel Alito writes in the draft document. Additional to RoeThe 1992 case of Casey v. Planned ParenthoodTogether, they banned states from banning abortions before approximately 24 weeks. That is, when a foetus has reached maturity outside the womb.

The Supreme Court confirmed on Tuesday that the leaked draft opinion is authentic, but noted that the Court’s decision in the case, which was argued Dec. 1, is not final and could still change before the justices ultimately issue their ruling.

Both sides of the abortion debate responded quickly to the news and began making preparations for an upcoming new age of abortion in America. It is not possible to repeal the federal law that protects abortion. Roe It would lead to a much more complicated mix of access legality in the United States. Some states would ban abortion quickly, and others would try to limit abortion in other ways, while liberal-leaning states would continue to protect abortion rights.

If the Supreme Court rules against it RoeAbout half the countries would ban abortion. Most of this would happen through “trigger laws,” which are designed to take effect shortly after the Court strikes down Roe. Some states also have laws in place that predate 1973, which they may try to restore. Others, however, have recent abortion restrictions that courts have blocked, but they are still possible to put into effect once they have the necessary legal backing. RoeThe law is no more the law.

There are many different projections for how many states will prohibit abortion due to the state laws in play. Guttmacher Institute, an independent research organization that studies abortion policy and promotes reproductive rights, estimates that 27 US states would ban abortion. RoeIt is now gone. This includes: Alabama, Arizona Arkansas, Florida Georgia Idaho, Indiana, Iowa Kentucky, Louisiana Mississippi, Missouri and Nebraska North Carolina North Dakota Ohio Oklahoma South Carolina South Dakota Tennessee Texas Utah West Virginia Wisconsin Wyoming

Center for Reproductive Rights is a legal organization that tracks laws and fights against abortion restrictions. It counts 25 states likely to ban abortion. It does not include Florida, Iowa, or Montana.

Changes could be made quickly once the Court has issued its final decision. The trigger laws in Kentucky, Louisiana, and South Dakota will take effect as soon as possible. Arkansas, Mississippi Missouri, North Dakota and Oklahoma will be affected by the laws. Texas, Idaho, Tennessee, Texas and Tennessee would see the law take effect after 30 days. Roe.

Elizabeth Nash is the Guttmacher’s policy analyst for state abortion policy and says that the draft might speed up this process. Although the opinion draft isn’t finalized, states can use it to make their legal points in support of other restrictions on abortion. “Everyone was expecting that RoeIt could be severely damaged or even overturned. Now we see where the court is going, which means that there’s now a roadmap for how attorneys general are going to respond in these conservative states,” Nash says.

Sixteen states still have abortion bans that date back to 1973. They haven’t been repealed. There have been a few other laws passed in the past years which courts blocked as they violated certain provisions. Roe V. Wade. If this precedent is lost, states may try to reinstate those laws.

Meanwhile, states like California, Colorado and Connecticut have passed laws protecting abortion in their state laws, and the glimpse at the Supreme Court’s draft decision could encourage more liberal states to add extra protections.

Here are more must-read stories from TIME

To Abigail Abrams at


Related Articles

Back to top button