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Roe v. Wade: What happens if SCOTUS reverses the ruling?

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If the Supreme Court reverses the ruling in Roe v. Wade, as the leaked opinion indicated, restrictions on abortion will be left up to individual states. According to the Guttmacher Institute, abortion access will remain the same in 16 states, as those states have laws protecting abortion rights.

23 states will ban abortion immediately after Roe is overturned for various reasons. 13 of those states have “trigger laws,” which are written to take effect once the Supreme Court‘s ruling changes. 9 of them have abortion bans from before Roe, which would also become active.

Another set of 9 states have recently passed abortion bans and restrictions, which are being held up in court. Those would take effect if the precedent gets reversed. If Roe is repealed, states like Montana, Nebraska, Indiana and Florida appear ready to pass similar legislation restricting access to abortion.

IN PART 1, I BROKE DOWN THE RULINGS IN ROE V. WADE AND THE CASE THAT REVISED IT–PLANNED PARENTHOOD V. CASEY.

NOW, THE QUESTION IS, WHAT HAPPENS IF THE SUPREME COURT OVERTURNS IT ALL?

LET’S GET THIS STRAIGHT.

THE SHORT ANSWER IS: STATES WILL BE ABLE TO DO WHATEVER THEY WANT.

ACCORDING TO THE GUTTMACHER INSTITUTE, IN 16 STATES–AND DC–NOTHING WILL CHANGE AT ALL. STATE LEGISLATURES HAVE LAWS PROTECTING ABORTION RIGHTS.

MEANWHILE, 22 STATES WILL BAN ABORTION IMMEDIATELY AFTER ROE IS OVERTURNED.

THAT’S BECAUSE 13 STATES HAVE “TRIGGER LAWS,” WHICH ARE WRITTEN TO TAKE EFFECT ONCE THE SUPREME COURT‘S RULING CHANGES.

AND 9 STATES HAVE ABORTION BANS FROM BEFORE ROE. THEY WOULD ALSO BECOME ACTIVE.

THEN, THERE ARE THE 9 STATES THAT HAVE RECENTLY PASSED BANS OR RESTRICTIONS, WHICH ARE BEING HELD UP IN COURT.

NOW, THERE IS OVERLAP HERE. SOME STATES, LIKE TEXAS, HAVE MORE THAN ONE OF THESE TYPES OF LAWS.

IF ROE IS REPEALED, STATES LIKE MONTANA, NEBRASKA, INDIANA AND FLORIDA APPEAR READY TO PASS SIMILAR LEGISLATION RESTRICTING ACCESS TO ABORTION..

SO. IF THIS LEAKED SUPREME COURT OPINION IS TRULY INDICATIVE OF A FUTURE REALITY, AMERICAN WOMEN SHOULD BE PREPARED FOR THE CHANGES, BECAUSE THEY’D TAKE PLACE IMMEDIATELY, IF NOT SHORTLY AFTER.

IN 1992, PLANNED PARENTHOOD V. CASEY REINFORCED THE RULING, BUT THIS TIME BY A NARROW 5-4 MAJORITY WITH ONLY 3 JUSTICES SIGNING THE CONTROLLING OPINION. THAT TIME, THE COURT SCRAPPED THE TRIMESTER SYSTEM AND SAID A WOMAN HAS THE RIGHT TO END A PREGNANCY UP UNTIL VIABILITY. FROM THAT POINT ON, STATE LAWS CAN PREVENT HER FROM DOING SO.

SO THAT’S THE LAW NOW. MISSISSIPPI IS CHALLENGING THE RULINGS WITH A 15-WEEK BAN, STARTING BEFORE VIABILITY. WHAT HAPPENS IF IT’S ALL OVERTURNED? CHECK BACK FOR PART 2.

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If the Supreme Court reverses the ruling in Roe v. Wade, as the leaked opinion indicated, restrictions on abortion will be left up to individual states. According to the Guttmacher Institute, abortion access will remain the same in 16 states, as those states have laws protecting abortion rights.

23 states will ban abortion immediately after Roe is overturned for various reasons. 13 of those states have “trigger laws,” which are written to take effect once the Supreme Court‘s ruling changes. 9 of them have abortion bans from before Roe, which would also become active.

Another set of 9 states have recently passed abortion bans and restrictions, which are being held up in court. Those would take effect if the precedent gets reversed. If Roe is repealed, states like Montana, Nebraska, Indiana and Florida appear ready to pass similar legislation restricting access to abortion.

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