Wide Majority of Americans Approve of Roe v. Wade and Disapprove of New Texas Abortion Law

Sixty percent of Americans believe the Supreme Court should uphold its 1973 decision in Roe v. Wade, which established the constitutional right to abortion. Just 27 percent believe it should be overturned.

In the run-up to oral arguments on Dec. 1 in the Supreme Court case of Dobbs v. Jackson Women’s Health Organization, a direct challenge to Roe v. Wade, a Gallup poll shows Supreme Court approval at 40 percent—the lowest number recorded since the poll first started tracking this question in August of 2000.

Texas’s Six-Week Abortion Ban In Effect for Almost Three Months—With No End in Sight

The Supreme Court has yet again declined to block Texas’s S.B. 8, the most restrictive abortion ban in history—meaning it will likely be in effect when the Court considers the upcoming Dobbs v. Jackson Women’s Health on Dec. 1, a direct challenge to Roe v. Wade.

“Though this is in one sense about abortion, it is really about much more,” the dean of Berkeley Law School Erwin Chemerinksy told Ms. “It’s about: Can the state adopt a law that blatantly violates the Constitution and then immunize itself from federal court review? … Ultimately, it’s about whether states have to follow the Constitution. It’s about the very structure of American government.” 

The Justices Have No Robes

Not only did the Supreme Court effectively render Roe v. Wade a dead letter in Texas, upsetting nearly 50 years of settled law; it also destabilized over 200 years of judicial responsibility. The Supreme Court abdicated its singular duty to protect our constitutional rights—regardless of how controversial they are.

A Vocal—and Wealthy—Minority Is Controlling Abortion Access

Conservatives have relentlessly focused on reshaping the Supreme Court for decades. And now, they’ve allowed Texas’s six-week abortion ban to stand for months because a handful of oil and gas tycoons exerted massive influence over Texas politics by funneling millions into statehouse races.

To a large extent, this stunning outcome is a story of democratic failures and the power of big money in American politics.