GOP-Run States Push New Abortion Restrictions After Supreme Court Strikes Down Roe

Topline

Within hours of the Supreme Court’s decision to overturn Roe v. Wade, some Republicans began pushing for new abortion restrictions, possibly adding to over a dozen states already on track to ban the procedure—but this gambit may face legal and political obstacles.

Abortion rights demonstrators gather outside the Supreme Court on Friday.

Anadolu Agency via Getty Images

Key Facts

The Republican governors of Indiana, Nebraska, South Carolina, Virginia and Montana applauded Friday’s ruling and urged state lawmakers to take action, though many governors didn’t specify whether they favor abortion bans or narrower restrictions.

Some of those governors could face headwinds: Virginia Gov. Glenn Youngkin (R) told the Washington Post Friday he wants to ban abortion after 15 weeks of pregnancy, but Democrats hold a majority in the Virginia Senate, and Montana’s Supreme Court has ruled the state constitution protects abortion access.

Florida Gov. Ron DeSantis (R) said Friday his state will “work to expand pro-life protections,” but didn’t offer specifics, and the Florida Supreme Court ruled in 1989 the state constitution’s right to privacy includes a right to abortion.

The leaders of Pennsylvania’s Republican-led House said “discussions around possible changes [to abortion laws] are already underway,” but Pennsylvania Gov. Tom Wolf (D) has vowed to protect abortion rights, and some experts think this year’s gubernatorial race will favor Democratic nominee Josh Shapiro (who is pro-abortion rights) over Republican nominee Doug Mastriano (who is stringently anti-abortion).

Kansas residents will vote on a constitutional amendment in August to give lawmakers the power to ban abortion, a move backed by the state Republican Party, but Gov. Laura Kelly (D)—who faces a tough reelection battle in November—supports abortion access.

What To Watch For

Some states will ban or sharply limit abortion with little to no action by lawmakers. In Texas and 12 other states with “trigger laws,” abortion will automatically become illegal in most or all cases within several weeks of the Supreme Court overturning Roe. Several other states have pre-Roe abortion bans still on the books or tight abortion restrictions that were struck down during the Roe era, though the status of those laws is unclear.

Surprising Fact

Some Republicans have indicated for months they want Congress to outlaw abortion nationwide. Friday’s decision could revive those efforts, with former Vice President Mike Pence tweeting, “we must not rest and must not relent until the sanctity of life is restored to the center of American law in every state in the land.” However, it’s unclear whether the GOP will pursue a national abortion ban even if the party wins the presidency and Congress. Last month, Senate Minority Leader Mitch McConnell (R-Ky.) called a federal ban “possible” but said he won’t scrap the Senate’s 60-vote filibuster rule to pass one, and 52% of Republican voters are opposed to a federal ban, according to a CBS News/YouGov poll conducted last month.

Big Number

26. That’s how many states the pro-abortion rights Guttmacher Institute expects to ban abortion. The list includes states with preexisting laws, as well as states whose “political composition, history and other indicators” suggest they’ll probably try to ban abortion.

Key Background

In Friday’s ruling, Justice Samuel Alito and four other conservative judges upheld Mississippi’s 15-week abortion ban and struck down the 1973 Roe v. Wade decision, effectively giving states the power to ban abortion altogether. The landmark decision follows years of attempts by Republican-run states to ban or limit abortion. In the past, federal courts have swiftly struck down abortion restrictions that clash with Roe, but the Supreme Court—with a 6-3 conservative majority—has been more open to hearing abortion cases in recent months. The court declined to strike down a Texas law banning most abortions after about six weeks, and many observers predicted the court would use the Mississippi case to strike down Roe.

Contra

Sixteen states have laws on the books explicitly protecting the right to abortion, according to the Guttmacher Institute, including some large states like New York and California.