'Critical backstop': As Barrett confirmation looms, states prepare for future without Roe v. Wade

'Critical backstop': As Barrett confirmation looms, states prepare for future without Roe v. Wade


As President Trump seeks to build an increasingly solid conservative majority on the Supreme Court, many states have begun preparing for a potential Roe v. Wade reversal. With the nomination of Judge Amy Coney Barrett, Democrats have resurrected old fears that the abortion issue will become a complicated mess.

If Roe was overturned, abortion debate would become a states issue, as it was until the 1973 decision. Back then, states had widely varying abortion laws, with some states outlawing the practice entirely. Especially since the 2018 confirmation of Justice Brett Kavanaugh, whose place on the court gave conservatives a 5-4 majority prior to the death of Justice Ruth Bader Ginsburg, abortion-friendly states have been amending their constitutions to keep abortion legal should Roe fall. At the same time, anti-abortion states have done the opposite.

A September report from the abortion advocacy group the Guttmacher Institute, released following Ginsburg’s death, warned of “grave consequences” if Barrett is confirmed

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