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How, Exactly, Could Roe v. Wade Be Overturned?
“The antiabortion activists have always wanted to overturn Roe v. Wade,” notes Gretchen Borchelt, vice president for reproductive health and rights at the National Women’s Law Center. “Generally, this would work by passing legislation at the state level that presents a square challenge to Roe v. Wade — perhaps by implementing an outright abortion ban — with the hope that the law would be challenged, work its way through the courts, and then ultimately make it to the Supreme Court, where their ruling would effectively overturn Roe. To date, the court has never taken this opportunity. It’s been over 40 years now, and the court has said that women have a constitutional right to have an abortion. So, there’s no reason to think that the court would just change its mind and completely go the other way.”
