Roe v. Wade decision: How would abortion rights change in individual states? Yahoo News Explains
Forty-nine years after Roe v. Wade, a leaked draft opinion suggests that the U.S. Supreme Court is poised to overturn the landmark 1973 decision that legalized abortion nationwide. So what could this mean for reproductive rights in individual states? Yahoo News explains.
Video Transcript
- When we say no choice, we say pro-choice.
- 49 years after Roe v. Wade, a leaked draft opinion suggests that the U.S. Supreme Court is poised to overturn the landmark 1973 decision, that legalized abortion nationwide.
DON LEMON: The Politico has obtained what it calls a draft of a majority opinion, written by Justice Samuel Alito, that would strike down Roe v. Wade.
- Politico says the draft was written by Justice Samuel Alito. And says, quote, "The inescapable conclusion is that the right to abortion is not deeply rooted in the Nation's history and traditions."
TERRY MORAN: If this apparent draft opinion holds, all of Roe versus Wade will go. And that means there will be no federal constitutional right for a woman to choose an abortion. That issue will go back to the States.
NICK SMITH: A lot of people are waking up this morning wondering what all this could mean for them. Well, it depends on where you live.
- So what could this mean for reproductive rights in individual States?
- 22 States have laws on the books, either pre or post Roe, that could immediately restrict nearly all abortions. 12 of these are due to so-called trigger laws, or laws that have passed in anticipation of Roe being overturned. These trigger laws vary from State to State, but effectively criminalize the procedure in all, but very few select cases.
Another four States, Florida, Indiana, Nebraska, and Montana have pending legislation, that suggests they may also move to ban abortions should Roe be overturned. On the flip side, 16 States, including much of the Northeast, West Coast, as well as the District of Columbia, have laws that explicitly protect the right to abortion.
The final ruling is expected to be announced sometime before the end of the Supreme Court's current term in late June or early July. If the vote changes between now and then, Roe could be upheld.