The United States Supreme Court could let states decide on the right to abortion, as was the case before 1973. Therefore, both supporters and opponents are mobilized on this issue.
Currently, the American abortion law is divided into two parts: on the one hand with the verdict Roe VS Wade of 1973, the Supreme Court established abortion as a federal law (for all states), during the period of fetal development until its viability, and even until its birth in the event of a threat to the mother’s health.
On the other hand, for delays in fetal viability, states are free to decide on the maximum abortion date and required procedures.
Why are we currently talking about an “abortion ban”?
That’s not exactly it (see below). Since Donald Trump’s presidency, the United States Supreme Court now has a conservative majority, and could therefore judge in favor of a “pro-life” policy. In this perspective, some states have provoked conflicts by taking jurisdiction to the highest level: the Supreme Court ruling, thus changing the conditions for abortion in the United States.
what’s new today?
The Supreme Court may have already voted to abolish Roe VS Wade. Politico has published a “proposal”, leaked (probably from other judges) (which is hardly challengable); a motion in which Judge Samuel Alito would explain the decision as follows: Roe was terribly wrong the whole time. His reasoning was exceptionally weak and the decision had detrimental consequences. Roe and Casey fell far short of a nationwide abortion settlement, but sparked a debate and deepened divisions. This cancellation of Roe VS Wade could take place during the month of June.
What is likely to happen?
The abolition of Roe VS Wade would, a priori, mean that abortion legislation would fall on states, not at the federal level. Each state could therefore have its own rules in this regard. Conservative states would therefore shorten the maximum legal time for abortion, or could ban abortion for some (at least in cases that do not involve medical emergencies or rape, etc. Some pro-life people distinguish between “comfortable abortion” and emergencies).
In practice, if Roe vs. Wade were abolished, there would in fact be more restrictions in dozens of states.
It is analyzed in different ways.
– Pro-life and pro-choice: over the years and times, the curves intersect between those who are primarily for the child’s life and those who are for freedom of choice. The question divides the opinion into two parts.
– The differences then spread according to the sex of the respondents, their age or the state in which they live, as well as the level of pregnancy during which the abortion could have taken place.
– The Americans are clearly overwhelmingly against the abolition of Roe VS Wade. But on the other hand, they are not at all in favor of abortion being practiced “under all circumstances” (only a third of them want it).