The Fate of Abortion After the Supreme Court Leak

For nearly fifty years, conservative groups have been laser focused on overturning Roe v. Wade, the landmark 1973 decision which legalized abortion. In that time, they’ve made significant inroads, chipping away at access to abortion in a number of states. But now they seem on the cusp of near total victory. The recent leak of a draft Supreme Court opinion, written by Justice Samuel Alito, indicates that a majority of the justices seem ready to overturn Roe completely. It would be the biggest reversal of personal rights in the United States in more than a generation, and access to abortion in nearly two dozen states would end overnight. Other rights—from access to contraception to gay marriage, could face serious legal challenges. Guest host Evan Osnos speaks with the New Yorker contributing writer and Harvard Law School professor Jeannie Suk Gersen about what the draft ruling means for reproductive rights in America, and about just how far this Supreme Court might go in the future. “That is what I see in this opinion: that there is a roadmap for litigants immediately after this case comes down to try to pursue a constitutional right to fetal life,” Gersen says. “A right to fetal life, protected by the Constitution as a fundamental right, could have the effect of making abortion illegal in every state.”