Friday, September 21, 2018

Legality of Abortion Before Roe/Wade by State




 
Abortion laws in the United States prior to Roe vs. Wade
   Illegal.
   Legal in cases of rape.
   Legal in cases of danger to woman's health.
   Legal in cases of danger to woman's health, rape or incest, or likely damaged fetus.
   Legal upon request


If Roe/Wade is overturned by the Supreme Court, abortions would become illegal in every State. The States would have to pass abortion, or anti-abortion laws individually, as it was before Roe/Wade.

The Federal government could make abortions illegal in every State in the Union, if both Houses passed such bills and the Supreme Court voted approval of those bills in an at least 5-4 majority.

It's very plausible the Supreme Court could overturn Roe/Wade, especially when the Republicans get one more judge on the Supreme Court. I doubt both Houses of Congress would pass bills to make  abortion illegal throughout the country. They would not have the votes for that. Another scenario would be if the Supreme Court had the correct worded case to decide the Supreme Court could outlaw States from allowing abortions, then the Congress would have to pass a law allowing States to have abortions if they wanted.

As you can see, only 4 States had abortion on demand before Roe/Wade.

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