Even Most Republicans Don’t Want Congress To Ban Abortion Nationwide, Poll Finds

Topline

A majority of Americans—including slightly more than half of Republicans—are opposed to Congress passing legislation that would ban abortion nationwide, a new CBS News/YouGov poll found, as Republican lawmakers and anti-abortion activists have already started mobilizing to enact a federal ban if Roe v. Wade is overturned and the GOP takes control of Congress.

Key Facts

Big Number

50%. That’s the share of all respondents who say they believe abortions should be “generally available” for people who want them, which CBS notes is a record high for the question since polling started in 1989. (Only 25% of Republicans say the same.) In line with other abortion polls, a 64% majority say they do not want Roe to be overturned, including 39% of Republicans.

Crucial Quote

A federal ban on abortion would be “inconsistent what we’ve been fighting for four decades, which is that we wanted the Roe vs. Wade reversed and the authority to return to the states,” Arkansas Gov. Asa Hutchinson said Sunday on ABC’s This Week, explaining his opposition to a federal ban. “And so as a matter of principle, that’s where it should be.”

Contra

While federal legislation banning abortion would be broadly unpopular, a 58% majority support Congress passing a bill that legalizes the procedure—even as the Senate is poised to strike down such legislation later this week.

Key Background

Republicans in Congress have already held meetings to discuss efforts to introduce federal legislation that would ban abortion nationwide—potentially as soon as six weeks into a pregnancy—the Washington Post reported May 2. That report took on new urgency when Politico leaked a draft opinion hours later showing a majority of Supreme Court justices favor entirely overturning Roe as part of a case concerning Mississippi’s 15-week abortion ban. The draft is from February and is not final—the official opinion will likely be released in June—though the Post reports a majority of justices still favored overturning the abortion decision as of last week. Senate Minority Leader Mitch McConnell (R-Ky.) said Friday it’s “possible” Congress would legislate to restrict abortion nationwide if Roe is overturned, in addition to the 26 states that are expected to ban the procedure. “If the leaked opinion became the final opinion, legislative bodies—not only at the state level but at the federal level—certainly could legislate in that area,” he told USA Today.

What To Watch For

Whether Republicans can regain control of Congress in the midterm elections, which would enable them to move forward with a nationwide abortion ban. The Post reported anti-abortion rights activists also plan to use the midterms to gague voters’ support for various abortion ban proposals—banning the procedure at six weeks versus 15 weeks, for instance—which could determine what any federal legislation would look like.

Further Reading

Most who support Roe see an overturn as a danger to women, other rights — CBS News poll (CBS News)

Republicans Will Try To Ban Abortion Nationwide If Supreme Court Overturns Roe V. Wade, Report Reveals (Forbes)

Here’s Where Abortion Rights Will Be On The Midterm Ballot In November (Forbes)

The next frontier for the antiabortion movement: A nationwide ban (Washington Post)

Arkansas Governor Who Signed State-Level Abortion Ban Says He’s Against A National Ban (Forbes)

McConnell calls US abortion ban ‘possible,’ says he won’t change filibuster to pass it (USA Today)