Many states might halt abortions if Supreme Court makeup changes
October 10, 2004
Abortion could become illegal in about 30 states if the Supreme Court reverses its Roe v. Wade ruling of 1973 that made abortion protected.
A recent study conducted by the Center for Reproductive Rights, “What if Roe Fell?” found that if the balance of the Supreme Court is shifted from abortion rights to anti-abortion, 21 states would probably ban abortion, 20 would protect abortion, and nine, including Iowa, are on the fence.
Abortion is upheld as constitutional in the United States, although the Supreme Court is so closely divided on the issue that the replacement of two abortion rights justices with anti-abortion justices could overturn the constitutionality of Roe v. Wade.
“It’s definitely a concern, especially with this upcoming presidential election,” said Ellen Daly, co-president of the Feminist Majority Leadership Alliance.
“Whoever’s elected for this next term, it’ll be likely that they’ll be appointing a new Supreme Court judge. Bush would probably appoint an anti-abortion conservative judge.”
The nine Supreme Court justices are getting older, and at least three might retire in the next four years.
According to the study, states would have the choice of re-enacting or ignoring old abortion bans that were overruled after the Roe v. Wade decision, or even making new laws to ban abortion if the legislature is strongly anti-abortion.
If new justices do reverse the decision, legislative control over abortion would belong to individual states.
The study showed that there are many states that would choose to ban abortion.
“Pro-choice, pro-abortion people have reason to be concerned,” said Daniel Rajewski, president of Students for Life.
“Some of these pro-abortion groups are probably using [the election] as a scare tactic, to a degree. For them to be scared, that’s understandable.”
The issue of abortion has become increasingly relevant as the election draws near.
“For conservatives and Christians, it almost becomes the most important, or underlying issue of who they vote for,” Rajewski said.
“It really puts each voter on the spot. If I would vote for John Kerry, knowing that he would truly try to promote abortion and other death-related policies, I would be in great spiritual harm,” he said.
Daly said even if abortion does become illegal, based on the outcome of this year’s election, the number of abortions in the United States wouldn’t decrease, but abortions would become more dangerous.
“Forty percent of American women have had an abortion at some point in their life, and that number has been consistent pre-Roe v. Wade, and after 1973,” Daly said.
“That would continue to happen if abortion became illegal again, and the repercussions of that would be serious.”
According to the study, around 70 million American women would be affected if abortion is made illegal.