With the balance of the Supreme Court in question, some abortion-rights advocates are quietly preparing for a future they hope never to see — one without the protections of Roe v. Wade.
If Roe, the 1973 decision that legalized abortion nationwide, were reversed, abortion could quickly become illegal in more than 20 states under existing laws. Some, like Massachusetts, still have anti-abortion laws on the books that were nullified by the Roe decision. A handful have what are known as “trigger laws” designed to automatically ban abortion if Roe is overturned.
Reproductive rights activists still hope to block the confirmation of Brett Kavanaugh, a federal appeals court judge nominated by President Trump to succeed retiring Justice Anthony Kennedy. If efforts to stop Kavanaugh’s confirmation in the Republican-controlled Senate are unsuccessful, it’s not necessarily the case that Roe would be overturned anytime soon, if ever.
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