If the Supreme Court adopts the initial draft majority opinion by Justice Samuel Alito, the retreat on abortion rights would be sweeping and immediate. At least 23 states have pre-Roe abortion bans still on the books or have passed so-called trigger laws that would sharply limit access to the procedure if Roe were to be overturned, according to a tally by the Guttmacher Institute, an abortion-rights advocacy and research group.
With roughly half of the states positioned to ban or restrict the ability to terminate a pregnancy and numerous heavily populated states on the East and West coasts likely to maintain access to abortion, the impact of the high court’s anticipated action could make America a country of haves and have-nots when it comes to abortion rights.
The organization also estimated that in 2019, 58 percent of American women of reproductive age — about 40 million — lived in states hostile to abortion rights. About 35 percent, 24 million women, lived in states broadly supportive of such rights.