Overturning Roe and Casey would not make abortion illegal across the U.S. Instead, it would leave the regulation of abortion up to state governments — something that Roe and Casey have largely prevented until now.
Smith, who began pro-life advocacy work in New Jersey in 1972, the year before Roe was decided, said a final decision consistent with Alito’s draft would be “an engraved invitation to legislate” abortion.
But, he cautioned, “that goes both ways.” While a growing number of states are moving toward passing laws that sharply curtail when abortion is permissable, others are moving in the opposite direction, in some cases even exceeding the legal protections that Roe created.
“My own state under Gov. (Phil) Murphy, passed a law that allows for abortion right up to the moment of birth, and he’s looking potentially to do even more,” Smith said. “We know Colorado did the same, and other states.” You can watch Smith’s full interview with Arroyo in the video below.
An effort is underway in Congress, too, to codify Roe into federal law, thereby neutralizing a Supreme Court decision that would dismantle the nationwide legal abortion framework Roe and Casey established.
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