Here’s How Roe V. Wade Being Overturned Could Threaten Birth Control Access

Topline

The Supreme Court appears likely to soon strike down its precedent in Roe v. Wade and let states outlaw abortion, according to a draft opinion obtained by Politico—increasing the likelihood that many contraception methods like birth control pills and Plan B could be targeted next, which lawmakers are already suggesting they want to do.

Protesters hold up placards in a pro-abortion rights march in Reno, Nevada, on May 7.

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Key Facts

According to the draft opinion—which is from February and is not final—the Supreme Court is poised to strike down Roe entirely, with Justice Samuel Alito saying there is no right to privacy in the Constitution that would justify legalizing abortion.

Legal experts predict that ruling, if it ends up being the court’s final decision, could threaten the court’s 1965 ruling in Griswold v. Connecticut, which established the right to privacy and legalized birth control (for married couples only at the time), because the court can use its ruling against Roe to then overturn Griswold based on its reasoning.

Some Republicans have already expressed opposition to Griswold, suggesting that precedent could be challenged in court next, such as Sen. Marsha Blackburn (R-Tenn.) and Arizona Senate candidate Blake Masters.

Even if Griswold isn’t overturned, some abortion bills already threaten contraceptive methods like Plan B, such as a bill that’s moving forward in Louisiana and Missouri’s “trigger ban” to outlaw abortion as soon as the court overturns Roe.

Those bills could have broader implications beyond abortion by defining the life of an “unborn child” as starting at fertilization or conception, which would affect common birth control methods, and likely in vitro fertilization, as not all eggs artificially fertilized through IVF result in a pregnancy.

Some Republican lawmakers have also discussed other measures that would specifically target contraception, with Idaho state Rep. Brendan Crane, who chairs the Idaho House’s State Affairs Committee, suggesting last week lawmakers could discuss banning emergency contraceptives like Plan B.

Crucial Quote

“I would think that certain contraceptive choices would be clearly on the table that you would see now with the striking down of Roe,” Maxwell Mak, a political science professor at John Jay College of Criminal Justice, told Insider Thursday. “[Lawmakers] could easily isolate the take-home abortion pill and the next kind of tangential things next to that would be Plan B and emergency contraception.”

Big Number

68%. That’s the share of U.S. adults in an April Morning Consult poll who said states should provide free access to birth control if Roe v. Wade is overturned. Large majorities—including approximately half of Republicans—say they’d support making birth control even more accessible if abortion is restricted, with 65% backing increased public funding for family planning and birth control services and 62% favoring requirements for all employer health insurance plans to cover birth control.

Tangent

Tennessee Gov. Bill Lee (R) signed into law last week legislation that will criminalize distributing abortion pills. A viral tweet by attorney Pam Keith falsely claimed that law would outlaw Plan B, but the legislation is focused on medication that would induce abortion, which is separate from the emergency contraceptive.

Key Background

The Supreme Court appears poised to overturn Roe in the coming weeks, according to a draft opinion from February obtained by Politico that strikes down the landmark 1973 opinion and declares it “egregiously wrong.” The Washington Post reports a majority of justices still backed overturning Roe as of last week, though Chief Justice John Roberts has cautioned the ruling should not be taken as the court’s final word. The leaked draft has sparked widespread fears about abortion access should the ruling be finalized—with 26 states expected to likely ban the procedure—but has also raised concerns beyond abortion, as critics warn the court’s broad ruling will likely have far-reaching consequences. In addition to birth control, critics have also said rulings upholding same-sex and interracial marriage could be at risk, as well as the court’s ruling in Brown v. Board of Education that struck down racial segregation in public schools. Texas Gov. Greg Abbott (R) has also signaled he may challenge a ruling that granted public education to undocumented immigrants.