What if the Supreme Court overturns Roe?
Missisippi just urged the Supreme Court to overturn Roe v. Wade and take away the right to abortion. What would happen to state abortion laws if Roe falls?
Read more about the Mississippi abortion ban case:
Dobbs v. Jackson Women’s Health Organization
In a direct challenge to Roe v. Wade, this fall the U.S. Supreme Court will review Mississippi’s pre-viability abortion ban.
This fall, the U.S. Supreme Court will hear Mississippi’s request to review an appellate court ruling that threw out the state’s law banning abortion after 15 weeks of pregnancy.
In its opening brief filed July 22 in Dobbs v. Jackson Women’s Health Organization, the state of Mississippi not only asked the Court to uphold its ban–it also urged the Court to take away the right to abortion.
The case—which the Center for Reproductive Rights will be arguing—marks the first time the Court will rule on the constitutionality of a pre-viability abortion ban since Roe v. Wade in 1973. Mississippi passed the ban as a test case to overturn Roe and almost 50 years of precedent.
Mississippi’s ban was ruled unconstitutional in the lower courts—but what will happen if the U.S. Supreme Court upholds the ban and overturns Roe?
According to the Center’s “What if Roe fell?” interactive map of U.S. state and territory abortion laws and policies, 24 states would likely take action to prohibit abortion outright. Twelve states—including Mississippi—already have “trigger” bans in place that are intended to ban abortion if Roe is overruled.
“What if Roe fell?” examines several legal factors, including state abortion laws, constitutions, and court decisions on abortion. The tool categorizes 24 states as “hostile” to abortion since they’re extremely vulnerable to the revival of earlier abortion bans or the enactment of new ones. In addition, five states fall into the “not protected” category. Concern is warranted in those states because abortion is not protected under state law.
What would happen in your state if Roe is overturned?
Find out here by exploring the Center’s “What if Roe fell?” state abortion laws map.
WHPA would protect abortion access in the U.S.
The Women’s Health Protection Act (WHPA)
WHPA is federal legislation that would protect the right to access abortion care throughout the U.S. by creating a safeguard against bans and medically unnecessary restrictions.
Read more about Dobbs v. Jackson Women’s Health Organization and its significance to the future of U.S. abortion rights: