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If Roe Falls...

Posted: 05/26/2005

Brief overview of what could happen if Roe v. Wade is overturned
 
Congress Could Enact a Federal Ban
 
The most frightening scenario if Roe is overturned is that choice would be banned nationwide. In November 2003, Congress enacted and President Bush signed the Federal Abortion Ban, criminalizing abortions as early as 12 weeks. This ban has been held unconstitutional in every challenge, but if Roe falls, then the federal abortion ban would most likely be upheld. Both the Senate and the House are in anti-choice hands and they might try to extend the scope of the current, invalid federal abortion ban to encompass even very early abortions, or otherwise set limits on abortion based on the woman’s reason for terminating a pregnancy, the people or physicians with whom she has consulted or secured permission, or even based on how she became pregnant. A federal abortion ban, if upheld by the federal courts, would trump all state protections for the right to choose.
 
The Right to Choose at Risk Under Arizona State Law
 
In 38 states and the District of Columbia, the right to choose is at risk if Roe v. Wade is overturned, because they:
  • have pre-Roe abortion bans still on the books;
  • are likely to enact new bans; or
  • lack state constitutional or statutory protection for the right to choose.
Arizona is one of these states, because we still have pre-Roe abortion bans on the books.

For more information on Arizona Choice-related laws, check out "Who Decides" 2005 Edition.

To find out what YOU can do to save the courts, click here to become a Supreme Court Rapid responder.

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