Politics If Roe v. Wade is overturned, here's what happens
Roe redux: Is 'viability' still viable as a constitutional doctrine?
The Supreme Court is on the eve of arguments in what could be the most consequential abortion case in decades.Dobbs has everything that you would need for a Roe-killing case. That does not mean the court will do so, but it could substantially reduce Roe's hold over states.
Themay deliver a dramatic change to jurisprudence in Mississippi abortion case, Dobbs v. Jackson Women's Health Organization — potentially allowing states to radically change access to the procedure.
While it's difficult to predict outcomes, observers have suggested the court's conservative majority will strike down decades of precedent following Roe v. Wade, the landmark ruling that limited government restrictions on abortion. In doing so, it could allow state legislatures to pass laws banning abortions prior to fetal viability.
It's also possible that the court will set a new, vague standard for abortion restrictions — opening the floodgates for additional litigation and slowing Republicans' efforts to prohibit the procedure.
Roe v. Wade has been the law of the land for nearly 50 years. Will that matter?
As much as some of the justices might wish they were writing on a blank slate, they cannot pretend they haven't dealt with Roe in numerous cases over the years. Equally important, several of the justices have at various times laid out the factors they weigh when voting to overturn precedent. How the court grapples with that question could illuminate the way forward for the court and its aggressive right flank as it grapples with other divisive topics in the future. Stare decisis In legalese, the doctrine the justices will consider on Wednesday is called stare decisis.
How quickly state laws could change varies from state to state. Many red states already have trigger laws designed to restrict abortion in the event that Roe is overturned. For example, Texas is currently defending an effective six-week ban, but would revert to a more restrictive law if Roe is overturned. The state, which is where Roe originated, has a trigger law designed to automatically reinstate its previous ban.
A slew ofhave trigger laws that would result in banning all or nearly all abortions. These could receive guidance from anti-abortion groups like Americans United for Life (AUL). AUL government affairs counsel Katie Glenn told Fox News that her organization is ready to advise attorneys general on how they can respond to the Supreme Court's decision next summer.
Everyone Expects the Supreme Court to Uphold or Overturn Roe. But There’s Another Option.
The escape hatch from this abortion battle that terrifies conservatives.Each side of this showdown has generally framed Dobbs as a one-question test with a yes-or-no answer: Should the Supreme Court uphold or abolish the constitutional right to abortion before fetal viability? Each side agrees that the outcome lies in the hands of three justices who make up the center of this hard-right court: John Roberts, Brett Kavanaugh, and Amy Coney Barrett. Legal advocates have aimed every argument at this powerful new troika.
Besides AUL, other anti-abortion groups like Family Policy Alliance have already started preparing for political battles after Roe is overturned. In blue and purple states, Republicans will likely encounter fierce resistance to newly proposed bans, creating the possibility that the state's laws won't change or at least not for a long while. And if Democrats win more seats in the House, they'll be poised to continue pushing a codification of Roe at the federal level.
Liberalized abortion access is expected to continue in states like New York, which passed a bill in 2018 designed to codify Roe.
Dobbs v. Jackson Women's Health Organization: What to watch for as the Supreme Court reconsiders Roe v. Wade
The Supreme Court hears oral arguments Wednesday in a case that could result in the repeal of Roe v. Wade, the decision legalizing abortion nationwide that's been at the center of American politics for nearly 50 years. © Kevin Dietsch/Getty Images Activists protest during a demonstration outside of the Supreme Court on October 4, 2021, in Washington. Here are the key details: How to listen and follow along Arguments begin at 10 a.m. ET. The court still doesn't allow TV cameras, but it has finally relented on live audio. You can listen on CNN.com and follow along with our live coverage.
Anti-abortion groups have warned that Roe is more extreme than most realize. While Roe legalized abortion early in a pregnancy, it left open exceptions for life and health of the mother at later gestational ages.
The decision in Doe v. Bolton, released on the same day in 1973 as Roe v. Wade, argued that life and health of the mother encompassed a wide range of reasons. In his majority opinion, former Justice Harry Blackmun wrote that "medical judgment may be exercised in the light of all factors — physical, emotional, psychological, familial, and the woman's age — relevant to the well-being of the patient. All these factors may relate to health."
As many anti-abortion advocates have noted, the end of Roe is only the beginning for another stage in their movement.
"If Roe is finally overturned, that isn't the end of the pro-life movement, but the beginning of a new stage," Ethics and Public Policy Center president Ryan T. Anderson tweeted on Wednesday. "Time to pass laws to protect babies, craft pro-family policies, build support systems for women. So much of this already exists, and now is the time to take to next level."
Abortion: Challenge to Mississippi law could provide answer to Roe v. Wade's fate
At stake in the case is a Mississippi law banning most abortions after 15 weeks of pregnancy as well as the Supreme Court's commitment to Roe v. Wade.In the most closely watched dispute the high court has tackled in years, the justices will consider not only whether to uphold the Mississippi law but whether to overturn its 1973 decision in Roe v. Wade that established a constitutional right to abortion.
As Fox News, the battle isn't just political. Texas pregnancy centers and charities have already started experiencing what a post-Roe world might look like.
Overturning Roe would return abortion law back to the sometimes messy democratic processes that influence state law. In blue states, that will likely mean a heavy emphasis on public education and changing public opinion on the issue.
The conservative Family Policy Alliance recently launched an "After Roe" campaign on its website that helps visitors identify laws in their state. It's also geared to help them connect with their state family policy council and take action on the issue. The organization says the site will feature ways to partner with other anti-abortion groups like the Susan B. Anthony List and American Association of Pro-Life Obstetricians and Gynecologists.
"Family Policy Alliance, together with family policy councils across the nation, stands ready to compete with the abortion industry — and win! — for every precious life," said Craig DeRoche, President & CEO of Family Policy Alliance.
Much of anti-abortion groups' efforts will represent a continuation their ongoing efforts: proposing legislation, informing Americans and lobbying for changes. The other side has indicated they're unwilling to give up, with Democrats already pushing a federal codification of Roe and the idea that President Biden should pack the courts.
Parties prep for earthquake over future of abortion rights: The Note
Wednesday’s Supreme Court arguments over Mississippi’s near-total abortion ban marks the culmination of decades’ worth of efforts to get Roe v. Wade overturned. It's a test for the conservative high court -- and for both political parties, which have built foundations and expectations around abortion rights. © Andrew Harnik/AP The case has long been about more than Mississippi, or even about Texas, with nearly half the states in the country poised to significantly restrict access to abortions if Roe is overturned, as ABC News' Devin Dwyer reports.
Abortion advocates like Rep. Ayanna Pressley, D-Mass., have indicated they'll continue fighting on the issue regardless of what the Supreme Court does.
"We won't stop. Nobody's free until everybody's free. Liberate abortion," she said at a rally at the Supreme Court.
On Thursday,reported on the aggressive focus that groups like Planned Parenthood have for the 2022 midterms.
"The opportunity is that people are enraged," Planned Parenthood President Alexis McGill Johnson reportedly said. "What we saw in Texas, and what people will walk away from [the Mississippi oral arguments with], is a level of rage that we could be living in a world six months from now — where our children have fewer rights than we have right now."
She added that the rage will be seen "in statehouses across the country all the way through 2022."
Students for Life Action (SFLA), a grassroots organization active in all 50 states, has already been pushing state legislatures and intends to bring measures reigning in chemical abortions. The abortion pill is expected to grow in popularity as it can be mailed to women and administered remotely.
That option has already been the target of anin South Dakota. It allows women to sidestep the typical clinic setting and is expected to face hurdles with new restrictions. It's also cheaper, but has been criticized by anti-abortion groups as raising significant risks for complications.
"We look to introduce and seek roll call votes in support of Life at Conception Act or Heartbeat Bill in 15 states, Chemical Abortion Bans in 8 states and support pro-life ballot initiatives in Kentucky, Kansas, and, pending certification, Massachusetts," SFLA president Kristan Hawkins told Fox News.
She added that they are "targeting 26 key states in the primary and general elections with our Pro-Life Accountability Project."
"And we have more than 100 days of action planned for 2022 that includes lobbying days, door-to-door canvassing, rallies, and direct voter contact."
What Roe Could Take Down With It .
The logic being used against Roe could weaken the legal foundations of many rights Americans value deeply.Many of the dangers of overruling Roe have been long discussed. If women lose the right to an abortion, pregnancy-related deaths are estimated to rise substantially and suddenly. (Currently, 26 states have so-called trigger laws on the books that would outlaw most abortions the moment the Court reverses Roe.) The impact of Roe’s fall would hit low-income women especially hard, as they’re five times as likely as affluent women to experience unplanned childbearing and twice as likely to face sexual violence.