States’ Abortion Curbs Put Supreme Court to the Test

from The Wall Street Journal,

Will Roe v. Wade be overturned? It may be up to Chief Justice Roberts, Trump appointees.

Sweeping state-level abortion restrictions present a direct test of whether the Supreme Court is willing to revisit Roe v. Wade, the landmark abortion-rights precedent that has spurred deep divisions for nearly 50 years. States with antiabortion legislative majorities have long been weighing how to prompt a Supreme Court review of the 1973 ruling, but generally have preferred a strategy aimed at reducing the procedure’s availability through incremental restrictions that hamper providers, or by forbidding late-term abortions.

During this state legislative season, lawmakers in several conservative-led states have proposed bills that are designed to challenge Roe in court, and governors have been more willing to sign them than ever before.[Alabama & Missouri]

Several states—Georgia, Kentucky, Mississippi and Ohio—recently passed bans on abortion once a fetal heartbeat is detected, which can be as early as six weeks. While conservative states have been moving to push boundaries with their new abortion restrictions, liberal ones including New York have taken steps to ensure abortion rights within their borders in case Roe falls or is pared back. “You really have the red and the blue nation at odds,” said Peter Charles Hoffer, a legal historian at the University of Georgia.

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