Key Points from Discussion

The Original Roe v. Wade Decision & Current Situation

• In 1973, Roe v. Wade established a constitutional right to abortion, regulated by trimesters
• In 1992, Planned Parenthood v. Casey reaffirmed Roe but switched to an "undue burden" test
• The leaked draft opinion by Justice Alito would overturn Roe, making abortion a state-level issue

Legal Framework & Reasoning

• Alito's draft opinion argues that:
  • Abortion rights are not "deeply rooted" in American history
  • The "undue burden" test is unworkable
  • States should decide abortion policy

Implications & Potential Impact

• If Roe is overturned:
  • About 12 states have "trigger laws" that would immediately restrict abortion
  • Congress could potentially pass federal legislation (but faces filibuster hurdles)
  • States would determine their own abortion policies

Role of Supreme Court Precedent

• Discussion of "stare decisis" (respecting precedent)
• Debate over whether Gorsuch and Kavanaugh's confirmation hearing statements about Roe being "settled law" were misleading

Potential Future Implications

• Questions raised about impact on other rights not explicitly in Constitution:
  • Gay marriage (Obergefell)
  • Contraception access
  • Interracial marriage

Political and Social Impact

• Could force compromise in state legislatures
• Public opinion shows nuanced views:
  • 48% support legal abortion under certain circumstances
  • 32% support legal abortion under any circumstances
  • 19% oppose abortion in all circumstances

Potential Paths Forward

• State-by-state legislation
• Possible federal legislation
• Need for political compromise to reflect public opinion
• Potential for constitutional amendment (though difficult)