Majority of Public Disapproves of Supreme Court’s Decision To Overturn Roe v. Wade
A majority of Americans disapprove of the U.S. Supreme Court’s landmark ruling overturning the Roe v. Wade decision, which had guaranteed a constitutional right to an abortion for nearly 50 years. According to a study conducted by Pew Research Center to better understand Americans’ attitudes, 62% of Americans say abortion should be legal in all or most cases, a figure that is little changed since before the court’s decision.
Public Opinion and Demographic Analysis
Nearly six-in-ten adults (57%) disapprove of the court’s sweeping decision, including 43% who strongly disapprove. About four-in-ten (41%) approve of the court’s decision, with 25% strongly approving. The survey finds that most women (62%) disapprove of the decision to end the federal right to an abortion, and more than twice as many women strongly disapprove (47%) as strongly approve (21%). Opinion among men is more closely divided: 52% disapprove while 47% approve.
Partisan differences on the legality of abortion have widened in recent years, and Republicans and Democrats are sharply divided in their initial views. About eight-in-ten Democrats and Democratic-leaning independents (82%) disapprove of the court’s decision. In contrast, most Republicans and Republican leaners (70%) approve of the court’s ruling.
The Impact of State Laws and Regional Sentiment
The court’s decision to overturn Roe gives the states the authority to set their own abortion policies. These laws vary widely, and in several cases, state laws that prohibit or place tight restrictions on access to abortion are currently facing legal challenges. Public opinion varies significantly based on local state restrictions:
| State Abortion Law Status (as of July 2022) | Approve of Decision | Disapprove of Decision |
|---|---|---|
| 17 states where abortion is newly largely prohibited | 46% | 52% |
| 4 states with new gestational restrictions | 47% | 52% |
| 20 states (plus D.C.) where abortion is legal (at least 24 weeks) | Not specified | 65% |
Thirteen states — including Idaho, Louisiana, Missouri and Tennessee — have laws enacted since Roe v. Wade that will be “triggered” by the court’s decision. Conversely, a dozen states, including Maine, Maryland, Nevada and Washington, have laws that would protect abortion access up to the point of viability.
Judicial Reasoning and Dissenting Voices
“We hold that Roe and Casey must be overruled,” Justice Samuel Alito wrote in the majority opinion. He continued, “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.” This decision was joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Chief Justice John Roberts filed a separate opinion, making it a 5-4 ruling regarding the overturning of the constitutional right to an abortion.
Justice Stephen Breyer wrote the dissent for himself, Elena Kagan and Sonia Sotomayor, stating: “With sorrow — for this court, but more, for the many millions of American women who have today lost a fundamental constitutional protection — we dissent.” He noted that one certain result of the decision is the curtailment of women’s rights and of their status as free and equal citizens.
Potential Reconsideration of Other Precedents
Justice Thomas wrote his own concurring opinion, arguing that since the court has overturned the constitutional right to an abortion, other cases rooted in the same right to privacy could all be reconsidered. These include:
- Griswold v. Connecticut (1965): Decisions regarding birth control use for married couples.
- Lawrence v. Texas (2003): Consensual sexual relations between same-sex partners.
- Obergefell v. Hodges (2015): The legalization of same-sex marriage.
Thomas wrote that in future cases, the court should reconsider all of its substantive due process precedents.