For abortion defenders and opponents alike, all eyes are on Judge Brett Kavanaugh, President Trump’s pick to the Supreme Court, and whether he could vote to overturn Roe v. Wade if appointed to the bench.
Even if Kavanaugh is appointed to the bench by October – a deadline the White House has pointed to – the court probably wouldn’t have an impact on Roe anytime soon, Carol Sanger, a Columbia Law School professor, told Fox News.
Would overturning Roe v. Wade make abortion illegal?
“The court has absolute discretion as to what cases it takes and what issues it takes and hears,” he told Fox News.
According to the Center for Reproductive Rights, 12 states had banned abortion prior to the 1973 decision that could potentially be reinstated should Roe be overturned; 21 states had pre-viability bans.