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What Happens if Roe v. Wade Is Overturned?

AP Photo/Andrew Harnik

Overturning the Supreme Court’s decision in the case of Roe v. Wade has seemed like a distant fantasy for decades. But now, it appears that reversing the landmark decision might actually be on the horizon, and politicians on both sides are trying to determine how things will look if the court deals a death blow to Roe v. Wade after a ruling on Mississippi’s abortion law.

Republicans are already carving out a messaging strategy to employ if the court strikes down its previous decision on abortion rights. “The GOP strategy is to lead with science-based arguments and portray those in favor of abortion rights as extremists,” according to The Hill.

The Republican Study Committee reportedly sent out a memo suggesting that its members argue that “The Left holds the extremist position” on abortion. “Today’s Left believes in a position even more extreme than Roe: taxpayer-funded abortion, on demand, until birth,” it read.

The document continued, contending that “[t]he Left disregards the health and safety of women and makes false claims that the pro-life movement does nothing for mothers.”

Republicans recommended that they should “[s]hare what we know about the humanity of unborn babies” and said that “Roe was based on outdated science.”

If the court does overturn Roe v. Wade, it will allow the states to decide how they regulate the practice. It could also influence the outcome of the upcoming congressional elections. The Democrats would almost certainly use it as a wedge issue to retain at least one chamber of Congress.

“In many states, like Maryland, it will make no practical difference if Roe is overturned this June, since overturning Roe won’t ban abortions — it will just allow regulation at the state level, where it should be,” Rep. Andy Harris (R-MD), predicted. “In other states, where abortion will have some limits, you will see women finally having real choices, as pregnancy centers and other support services will grow to help women in crisis pregnancies choose life with the community help they need.”

The Supreme Court’s decision could also allow Republicans in Congress to pass laws restricting abortion in all 50 states. The Pain-Capable Unborn Child Protection Act, which would bar abortions after 20 weeks, could be in play if the GOP manages to retake both chambers of the legislature. Another proposal would require that a child who survives an abortion attempt be given the same level of care as any other child.

On the other side, pro-abortion Democrats will likely focus on legislation designed to make it easier for women to abort their children. The Brookings Institute explained:

While states enacting abortion bans have gotten the most media attention, states where the legislatures are sympathetic to abortion rights are also enacting laws to expand and protect such rights and to counter the movement in states limiting abortions. Sixteen states plus the District of Columbia protect the right to abortion through state law and other states, like New Mexico are likely to pass similar laws soon. California passed a major law protecting the privacy of women wanting abortions and addressing racial and economic inequities in access by providing abortion coverage under Medicaid. Oregon passed a law providing financial aid to abortion providers. Washington state passed a law prohibiting legal action against those who seek abortion and those who help them.

Those who wish to obtain abortions will still be able to do so, but it will not be as readily available as it is now. Many will need to travel to other states to get the procedure. Still, others will seek out other means to terminate their children. The Atlantic reported that pro-abortion activists are experimenting with a device that would still allow mothers to abort their children on their own, or with another person’s help. Instead of visiting an abortion clinic, this instrument would help them do it themselves.

The Supreme Court’s decision on Mississippi’s abortion law, which forbids abortions after 15 weeks of pregnancy, will likely change the entire political landscape for years to come. It might just be the weapon the floundering Democrats need to retain at least some of their congressional power in November. However, this might just be the victory Republicans need to motivate their base to show up at the polls. Either way, the abortion debate is likely going to heat up very soon.

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