'We could be looking at a world without Roe v. Wade in the next two years or so.' - Rutger Law Vice Dean Kimberly Mutcherson breaks down what the future holds for the U.S. Supreme Court landmark decision amid Alabama's strict abortion law.
The retirement of Justice Anthony Kennedy and the selection of Judge Brett Kavanaugh to fill his seat makes the future of Roe v. Wade shaky at best, and doomed at worst. Even with Kennedy’s vote, Roe is a shadow of what it once was. States have spent the decades since Roe was decided chipping away at the expansive right the justices announced in that case. In so doing, access to abortion has become a patchwork based on where a woman lives and her economic standing.
If Roe falls, abortion would cease to be a right protected by the U.S. Constitution. Instead, individual states would determine abortion rights, likely under state constitutions. The last several years of abortion legislation and litigation reveal deep fissures in how states do or do not protect abortion access within their borders. There are several states that have long protected the right to abortion and will likely continue to do so even if Roe falls.
Women who want to terminate pregnancies will find ways to do so. Wealthy women will travel out of state or even out of the country to have abortions, while more economically fragile women will sometimes resort to illegal abortions with unscrupulous providers or to dangerous self-abortion techniques where legal and safe abortions are not made available to them.
An anti-abortion activist pokes his head above a portrait of Jesus outside the Supreme Court in Washington January 24, 2005, during the 32nd annual March For Life protest against the Supreme Court's Roe v. Wade abortion rights decision in 1973. REUTERS/Jason Reed JIR
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