Could the government really outlaw abortion if the U.S. Supreme Court overturned Roe v. Wade?
YES. If Roe v. Wade were overturned, it would open the door for anti-choice lawmakers in state and federal governments to enact and enforce laws banning abortion. In fact, some states already have abortion bans on the books, either from before Roe or because they enacted laws after Roe hoping to prompt the Supreme Court to overturn it. Currently, these bans are unenforceable; however, if Roe were overturned they would become enforceable immediately. Still other states have anti-choice legislatures and governors likely to enact abortion bans if Roe were overturned.
Current State Laws
14 states have unconstitutional and unenforceable near-total criminal bans on abortion: AL, AZ, AR, CO, DE, LA, MA, MI, MS, NM, OK, VT, WV, WI.
- 1 of these bans was enacted after Roe v. Wade: LA (1991).
4 states have laws that would impose near-total criminal bans on abortion if the Supreme Court overturns Roe v. Wade (sometimes known as "trigger" bans): LA, MS, ND, SD.
2012 Federal Action
In June, in advance of the Senate’s floor debate on the bill to reauthorize the National Flood Insurance program, Sen. Rand Paul (R-KY) filed a “personhood” amendment. If passed and enacted into law, a federal “personhood” proposal would outlaw abortion in almost all cases nationwide, and potentially ban most common forms of contraception, stem-cell research, and in vitro fertilization. Senate Majority Leader Harry Reid (D-NV) responded instantly to the threat, vowing to pull the entire bill if Paul did not back down. Having had his bluff called, Sen. Paul chose not to offer his amendment.
2012 Notable Developments
Despite overwhelming losses in past cycles, anti-choice activists in 9 states attempted to put a “personhood” initiative before voters: AK, CA, CO, FL, MT, NV, OK, OH, OR. Thankfully, none qualified for the ballot.
Furthermore, 8 states considered “personhood” legislation to amend the state’s constitution to grant legal rights to every pregnancy and fertilized egg: GA, IA, KS, MN, MS, OK, VA, WI. As stated above, these measures are intended to impose near-total bans on abortion. Fortunately, none was enacted.
View a map of all states with Near-Total Abortion Bans.