What a 'Return to the States' Might Look Like
Before 1973, when Roe was issued, every state could determine its own abortion law. But the U.S. Supreme Court held that the U.S. Constitution's 14th Amendment included a woman's right to seek abortion throughout nine months of pregnancy. Even in the last three months, states have since been compelled to permit "health abortions," which can invoke a woman's physical, emotional, psychological, or familial well-being — even her age. The federal Constitution reigns supreme over state law. But if, as many court observers expect, Roe is overturned — along with the 1992 Planned Parenthood v. Casey Supreme Court decision that reaffirmed it — then abortion will no longer have federal constitutional protection, and states can protect unborn children under their authority to make laws affecting residents' "health, safety, and welfare." Read more...