Both sides are telling the Supreme Court there's no middle ground in Wednesday's showdown over abortion. The justices can either reaffirm the constitutional right to an abortion or wipe it away altogether.
. The justices can either reaffirm the constitutional right to an abortion or wipe it away altogether.
A ruling that overturned Roe and the 1992 case of Planned Parenthood v. Casey would lead to outright bans or severe restrictions on abortion in 26 states, according to the Guttmacher Institute, a research organization that supports abortion rights. The clinic offers abortions up to 16 weeks of pregnancy and about 10% of abortions it performs take place after the 15th week, Brewer said.
Trump had pledged to appoint “pro-life justices” and predicted they would lead the way in overturning the abortion rulings. Only one justice, Clarence Thomas, has publicly called for Roe to be overruled. On the other side, abortion opponents argue that the court essentially invented abortion law in Roe and Casey, and shouldn't repeat that mistake in this case.
Chief Justice John Roberts might find the more incremental approach appealing if he can persuade a majority of the court to go along. Since Roberts became chief justice in 2005, the court has moved in smaller steps on some issues, even when it appeared there was only a binary choice.
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