Roe decision in 1973 guaranteed women federal protections regarding reproductive rights, while the decision in 1992 overturned Roe’s trimester framework to accommodate fetal viability analysis, which authorized states to implement restrictions on abortion during the first trimester.
If Roe is overturned, then tighter restrictions on abortion access are likely to be implemented in states that do not already have existing abortion restrictions, like Texas.
Justices in the majority assert Roe should not have passed in the first place.“Roe was egregiously wrong from the start,” writes Alito in the leaked draft. “Its reasoning was exceptionally weak, and the decision has had damaging consequences.
And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”Alito argues that overturning Roe would align 2022 America with ideals from the past, which is precisely what most women fear. “The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions,” he writes.If Roe is overturned, the states will determine its own abortion laws and more than a dozen states already have in place that would ban abortions completely if and when that happens.Across the globe, only 24 countries have prohibited abortions altogether, which includes El Salvador, Iraq, and Sierra Leone despite the documented risks to women and transgender men seeking to terminate pregnancies.
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