Many states will immediately ban abortion if Rowe v. Wade is repealed State and region

If the Supreme Court overturns Rowe v. Wade this summer, the country is likely to have a sharply divided scope for abortion rights depending on which political party controls each relevant state legislature or governor.

Last week, the nation approached with the leak of a draft majority opinion by Judge Samuel Alita, which showed a majority vote for Rowe’s repeal and planned paternity against Casey, and Chief Justice John Roberts was at the center.

“If the project we’re reading is a project that will be handed over, then about half of the country is going to ban abortion as soon as it can,” said Rachel Rebusche, a James E. Beasley professor and interim dean of Temple Law School. . “Some states are not going to rush. They don’t know what to do. So I think you will see a lot of difficulties. “

For example, in Pennsylvania, Gov. Tom Wolfe has made it clear that he will protect abortion rights legal in the state under the Abortion Control Act 1982. May 17, and November 8 to elect a new governor and lieutenant governor.

All Republicans running for governor have said they are in favor of some form of abortion restrictions.

State Attorney General and Democratic nominee for governor Josh Shapiro told reporters last week: “I’m ready to fight as hell for the fundamental freedoms of all Pennsylvania residents and make sure abortions remain legal in Pennsylvania.”

Meanwhile, Senate Majority Leader Chuck Schumer, DN.Y., has scheduled a vote on the Women’s Health Act, which has already been passed. But it is unclear whether the Democrats will have enough votes to accept it.

“Those who are more upset by information leaks than threats to women’s rights have their priorities back. And this looming threat from the Trump-McConnell court should show everyone that elections matter, ”said Dwight Evans, a U.S. spokesman who voted for the Women’s Health Act, which seeks to codify abortion rights in federal law.

Two historic events in the Supreme Court have brought the nation to the brink of turning Rowe against Wade.

The death of Liberal Supreme Court Justice Ruth Bader Ginzburg in 2020 and the nomination of Merrick Garland by then-President Barack Obama in 2016 was halted by then-Senate Majority Leader Mitch McConnell, who refused to even meet with or vote for Garland.

Events have allowed former President Donald Trump to nominate judges Matt Cavanaugh and Amy Connie Barrett to the Supreme Court, strengthening a 6-3 conservative majority.

Voting in court is scheduled for the summer, court observers say.

“Usually the most important thing or the thing that attracts the most attention comes out last,” Rebusche said. “Some think in late June or early July. But now I’m wondering if we need to make a final decision urgently. “

So how will the process work?

“It’s not a process that people know a ton about. That’s what shocks the leak. This is the first time in the history of the court that the conclusion, the draft, has been leaked completely, ”Rebusche said. “So it’s a really interesting idea about litigation. What we do know is that they usually organize a conference, they discuss the case, and then we talk about what arguments the judges have for it, and then whether there is a majority that supports a certain set of arguments.

“As a rule, the opinion is written by the senior judge or the person who writes the opinion is chosen, if the chief judge is in the majority, then the training goes from there. It is not uncommon for people to switch, change their minds and support one argument and then decide to support another. So it’s a very smooth process. “

Some legal commentators have suggested in media reports that because Roberts did not vote for it, he is in favor of something less than the complete annulment of Rowe’s case against Wade.

As for the other legal consequences of the leak, there could be professional sanctions or perhaps even impeachment if found fair, but judicial observers doubt it goes to such an extreme.