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Roe v. Wade has guaranteed a constitutional right to abortion in the United States for nearly five decades. But a conservative Supreme Court could overturn the landmark 1973 decision. If this happens, access to abortion could be determined 

in state legislatures across the country.

, with most Americans showing support for limitations on abortion, including how late in a pregnancy abortions can be performed. 

Some states take steps to protect abortion rights

At least 21 states have already passed laws prohibiting or restricting abortion, though they are currently unenforceable due to Roe v. Wade. For example, 

, allows abortion only when the fetus has a lethal abnormality or there’s a serious health risk to the mother. Another half dozen states, mostly in the South, have 

 that would prohibit abortions after doctors detect a fetal heartbeat, usually around the sixth to eighth week of pregnancy. 

In some ways, the focus on Roe v. Wade has obscured the fact that access to abortion in the U.S. is already uneven. The number of clinics that offer abortions 

. Many states already enforce restrictions such as requiring parental notification or consent for minors or mandated counseling, ultrasounds and waiting periods.

Tuesday, MPR News host Kerri Miller talked to a legal scholar and a historian about how state politics could soon become much more important in determining the legal right and access to abortion. 

Editor’s Note (Oct. 20, 2020): This post has been updated with a new guest. Stacie Taranto was not able to join the conversation.  

To listen to the full conversation you can use the audio player above.

Subscribe to the MPR News with Kerri Miller podcast on: 

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A more conservative Supreme Court may reconsider Roe v. Wade, giving state legislatures the power to regulate abortion. In many ways, they already are.

What happens if Roe v. Wade is overturned?

A crowd of people holding signs on the state Capitol steps

What happens if Roe v. Wade is overturned?

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