New Supreme Court case could threaten Roe V. Wade: here are the states with abortion protections if quashed


Top line

U.S. Supreme Court could potentially dismantle landmark abortion ruling Roe vs. Wade since it is a matter concerning Mississippi abortion ban– but several states have already adopted laws and constitutional provisions that will always protect the right to abortion even if the Supreme Court does not.


The Supreme Court said on Monday that they would support Dobbs v. Jackson Women’s Health, a challenge to Mississippi’s 15-week abortion law that targets abortion protections that have been granted under Roe vs. Wade and could greatly restrict access to abortion nationwide.

California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Nevada, New York, Oregon, Rhode Island, Vermont and Washington all have adopted state laws that explicitly protect the right to abortion, which will remain in force in the event that Roe deer is knocked down.

new YorkThe law states that pregnant women have “the fundamental right to choose to carry a pregnancy to term, to give birth to a child or to have an abortion”, for example, while VermontThe law is committed to ensuring that the right to access reproductive health care is “not denied, restricted or violated by any government entity.”

The supreme courts of the states of Alaska, Florida, Iowa, Kansas, Massachusetts, Minnesota, Montana and New Jersey have ruled that the right to abortion is constitutionally protected. ‘State, which would remain in force if Roe deer is overturned or weakened, because decisions at the state level are unaffected by decisions of the Supreme Court of the United States.

The Center for Reproductive Rights projects that abortion would likely remain legal but could be threatened in Colorado, New Hampshire, New Mexico and Virginia if Roe deer is overturned, because liberal-leaning states don’t have many restrictions on abortion, but neither do they yet have express legal protections for it.


While some states will explicitly protect abortion rights, many others are set to ban abortion immediately after a Supreme Court ruling overturning Roe deer, and family planning reports 25 million women of childbearing age live in states that could cancel abortion. Ten states – Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, South Dakota, Tennessee, and Utah – have “trigger laws” that ban abortion as soon as possible. Roe deer is overturned, and Kansas and Ohio also have laws that say states will restrict abortion to the maximum extent allowed by the courts. Alabama, Arizona, Michigan, Mississippi, Oklahoma, West Virginia, and Wisconsin have also all banned abortion which were enacted before the Roe deer decision that is not being carried out at this time, but could be carried out in the future.

Crucial quote

“A publication-Roe deer The United States is not a country where abortion is not legal at all, ”said Middlebury College economist Caitlin Knowles Myers, who co-authored a study on the after-Roe deer access to abortion, told the New York Times in October 2020. “This is a case where there is a huge inequality in access to abortion.”

Key context

Dobbs v. Jackson Women’s Health should be the most important abortion case the Supreme Court has heard in decades. Mississippi has asked the Supreme Court to reconsider case law under Roe deer that prevents abortion from being banned before the fetus is viable – which does not happen until at least 20 weeks after the onset of pregnancy, much later than many abortion bans at the level of the ‘State – causing the conservative 6-3 court to weaken considerably Roe deer by removing these protections against abortion. The court’s decision to take up the case comes after state GOP lawmakers passed dozens of abortion-restrictive measures to bring the matter to the Supreme Court. The Guttmacher Institute reported As of April 30, 61 abortion restrictions and eight bans had so far been passed since January alone, of which 28 were enacted within four days. If the court sides with Republican lawmakers and affirms their abortion restrictions, it could confirm long-standing fears of abortion rights advocates that the court’s conservative tilt is the death knell for Roe deer. “Anti-abortion politicians have harnessed their power for this very moment: the opportunity for the new Supreme Court to take away our right to abortion,” Planned Parenthood Action Fund President Alexis McGill said in a statement. Monday.

Further reading

Supreme Court to Review Mississippi Abortion Ban That May Challenge Roe V. Wade (Forbes)

What if Roe fell? (Center for Reproductive Rights)

What happens if Roe v. Wade is canceled? (New York Times)

Abortion policy in the absence of roe (Guttmacher Institute)


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