“States should have the flexibility to implement reasonable restrictions,” the document states.
Senator Lindsey Graham, Republican of South Carolina, said on “Fox News Sunday” that he would push a bill to outlaw abortion nationwide after 20 weeks of pregnancy.
“We’re one of the seven nations in the world that allow abortion on demand at 20 weeks, the fifth month in pregnancy,” Mr. Graham said. “Congress will continue to debate this issue.”
The State of Roe v. Wade
Card 1 of 4What is Roe v. Wade? Roe v. Wade is a landmark Supreme court decision that legalized abortion across the United States. The 7-2 ruling was announced on Jan. 22, 1973. Justice Harry A. Blackmun, a modest Midwestern Republican and a defender of the right to abortion, wrote the majority opinion.
What was the case about? The ruling struck down laws in many states that had barred abortion, declaring that they could not ban the procedure before the point at which a fetus can survive outside the womb. That point, known as fetal viability, was around 28 weeks when Roe was decided. Today, most experts estimate it to be about 23 or 24 weeks.
What else did the case do? Roe v. Wade created a framework to govern abortion regulation based on the trimesters of pregnancy. In the first trimester, it allowed almost no regulations. In the second, it allowed regulations to protect women’s health. In the third, it allowed states to ban abortions so long as exceptions were made to protect the life and health of the mother. In 1992, the court tossed that framework, while affirming Roe’s essential holding.
What would happen if Roe were overturned? Individual states would be able to decide whether and when abortions would be legal. The practice would likely be banned or restricted heavily in about half of them, but many would continue to allow it. Thirteen states have so-called trigger laws, which would immediately make abortion illegal if Roe were overturned.
But Senator Amy Klobuchar, Democrat of Minnesota, said on ABC’s “This Week” that no woman wants a Republican senator — like Ted Cruz of Texas — deciding whether she can have an abortion.
“Who should make this decision? Should it be a woman and her doctor or a politician? Should it be Ted Cruz making this decision or a woman and her family?”
Senator Maggie Hassan, a New Hampshire Democrat who is up for re-election, blasted out a news release of Mr. McConnell’s comments on Saturday evening.
“Mitch McConnell is already making it clear that if Republicans retake the Senate majority, they will quickly move to criminalize abortion nationwide and roll back reproductive freedom for women all across this country, including in New Hampshire,” Ms. Hassan said.
Senator Chuck Schumer, Democrat of New York and the majority leader, has set up a Wednesday vote on a bill to codify abortion rights into federal law. The legislation is all but certain to be blocked by Republicans, falling short of the 60 votes needed to advance past the Senate’s legislative filibuster.
It also appears to lack even the simple majority it would need to pass the 50-50 Senate, given that Senator Joe Manchin III, the centrist Democrat from West Virginia who opposes abortion rights, voted against bringing up a nearly identical measure in February and showed no signs that he had shifted his position.