70% Americans are in favour of Roe vs Wade, then why SC is forcing order?

About two-thirds of Americans say they do not support overturning Roe v. Wade, the landmark Supreme Court decision that legalized abortion in the United States. Across the country, people are protesting in the streets and condemning the potential reversal of Roe v. Wade on social media.

Americans favour of Roe vs Wade

Some people share a statistic that about 70% of Americans support the decision and 30% want it reversed.

  • A Pew Research poll found that 70% did not want the decision reversed. (Aug 2021)
  • A Gallup poll found that 58% of people say the Supreme Court “should not overturn” Roe v. Wade, and 32% support overturning it (June 2021)
  • an ABC-The Washington Post poll found that 54% said the court should “uphold” the decision, 28% said it should “overrule” it, and 18% said they had “no opinion” (April 2022)
  • A Rasmussen poll found 45% of likely voters “disapprove of overturning” the decision and 48% “approve” (May 2022)
  • An Economist-YouGov poll found that 45% of Americans “would not like to see Roe v. Wade overturned,” while 32% “would like to see it” and 23% said they were “not sure” (May of 2022)
  • A Monmouth University poll found that 62% wanted the court to “leave it” “as is”, 31% said the court should “review” it, and 7% said “don’t know” (Sep 2021)

The case history

The case from the early 1970s is that of Norma McCorvey —who used the legal pseudonym Jane Roe in the lawsuit to avoid problems— who, after becoming pregnant with her third child in 1969, wanted to have an abortion, but lived in Dallas and the abortion in the state of Texas it was prohibited except to save the life of the mother.

Jane Roe’s attorneys filed a lawsuit in federal court against prosecutor Henry Wade, alleging that the laws prohibiting abortion in Texas were unconstitutional. Federal judges in the Northern District of Texas ultimately ruled in favour of the plaintiff. she saw the case and ruled in her favour.

In 1973, at the end of the process following appeals from the state of Texas, the United States Supreme Court ruled, after a 7-2 vote, that the Constitution provided a “right to privacy” that protects the right of a pregnant woman to choose whether or not to abort. The ruling also clarifies that the right is not absolute and that it must mediate with the government’s interests in protecting prenatal life and women’s health. In this way, neither the state could absolutely prohibit abortion, nor could any woman have an abortion at any time.

The ruling led to the nullification of many federal and state abortion laws and reshaped US abortion policy. Likewise, since then there has been a public debate on the matter between those who are against abortion and those who defend the right to decide.

Later, in the 1992 case Planned Parenthood v. Casey, the highest court reaffirmed the position of the constitutional right of women to decide to have an abortion and also opened the possibility of abortion with a criterion based on the viability of the fetus and annulled the previous requirement that government regulations on abortion be reviewed under the strict scrutiny criteria.

What will happen now?

If the decision of the Supreme Court is confirmed as it appears in the leaked documents, the decision and the rights in favour of abortion would depend on each state of the country.

The nation could almost immediately be divided between states that offer access to abortion and those that prohibit it.

There are 13 states that have so-called trigger laws, including Texas, as mentioned above, where abortion would be banned immediately if the federal ruling is overturned and would presumably go into effect if a majority of the Supreme Court votes in favour of the leaked draft late in the day. June or early July.

According to The Associated Press, polls show that relatively few Americans want Roe v. Wade is annulled. In 2020, AP VoteCast found that 69% of voters in presidential elections said the Supreme Court should uphold the decision as is; just 29% said the court should reverse the decision. Overall, the AP-NORC poll finds that most citizens favour abortion being legal in most or all cases. However, the decision would remain in the hands of the state governments. (Americans favour Roe Wade)

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