Trump is set to announce his nominee to fill the seat of retiring Justice Anthony Kennedy in a prime-time televised address Monday. Elective abortion through the second trimester was legal in four states, and abortion in cases of rape or medical necessity was legal in thirteen others. Instead, it would return the decision about abortion legality to the states, where a patchwork of laws already in place render abortion more or less available, largely depending on individual states' political leanings.
Dorothy Roberts, a University of Pennsylvania professor of law and sociology, said Wednesday that a conservative Supreme Court could overturn Roe v. Wade and ultimately criminalize miscarriages.
Blumenthal told Stephanopoulos on "This Week" that the public supports abortion rights.
Opinion writers express views about how overturning Roe V. Wade could impact the nation.
Kennedy, by contrast, was a swing vote on abortion issues. He said Roe took democracy out of the abortion equation by declaring it a privacy right protected by the U.S. Constitution. "Roe v. Wade is the untold story of how people lied, how the media lied, and how the courts were manipulated to pass a law that has since killed over 60 Million Americans", reads a funding appeal for the movie. The new restrictions contributed to the closing of more than 50 clinics nationwide between 2011 and 2014, according to the Guttmacher Institute, which tracks abortion-related data.
Since 2011, states have enacted almost 1,200 separate abortion restrictions, according to Guttmacher, making these types of laws far more common.
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For most activists in the pro-life movement, a mere reversal of Roe was not what they wanted anyway, because they knew that reversing Roe would not end legalized abortion in the United States.
After an initial burst of enthusiasm about the court opening, Republican politicians have characterized any questions about Roe's fate as scaremongering by Democrats.
"I'm very confident with this president's enthusiasm and with Leader [Mitch] McConnell's enthusiasm that they can get anybody confirmed", Trump Adviser on Judicial Nominations Leonard Leo told ABC News Chief Anchor George Stephanopoulos on "This Week" Sunday.
Without Roe, he said, the people of every state could decide how tolerant or not they want to be when it comes to abortion. Those bans could, at least in theory, be reinstated, although "someone would have to go into court and ask to lift that injunction", says Myrick. In 1981, she testified before Congress in support of a bill that, if passed, would have allowed states to prosecute abortion as murder, The New York Times reports.
"You either come back and protect a woman's right to choose and respect a woman's reproductive health rights", Cuomo said, "or the voters are going to say to you in November, 'You're with Trump?"
The first - and most likely type to result in the court taking a broad look at Roe - are "gestational" bans that seek to restrict abortion at a certain point in pregnancy, says Lipton-Lubet.