Why Texas's abortion law may go too far for most Americans

According to the polling we have now, the answer is far from clear. On the one hand, a majority of Americans have consistently said that Roe v. Wade, the 1973 Supreme Court case that established a constitutional right to abortion, should not be overturned. But many also support a wide range of specific restrictions on abortion, some of which contradict the Supreme Court’s standards for when and how states can regulate the procedure. That said, public opinion hasn’t really shifted on the issue even though abortion access has steadily eroded in wide swaths of the country over the past 10 years. But the fact that the Texas law directly attacks abortion in the first trimester of pregnancy — when the procedure is both most supported and most common — could galvanize public outrage in a way that past restrictions have not.

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For decades, Americans have broadly opposed overturning Roe v. Wade — despite escalating attempts by anti-abortion advocates to turn public opinion against legal abortion. As the chart below shows, 58 percent of Americans were against overturning Roe when Gallup last asked the question in May, the same share who wanted to keep the case on the books back in 1989.

Americans’ attitudes on whether states should be able to restrict abortion are more muddled than their stances on Roe might suggest, though. In Roe and subsequent Supreme Court cases involving abortion, the justices have ruled that states can’t ban abortion prior to viability, which usually occurs around 24 weeks of pregnancy. Texas’s six-week ban is an obvious and dramatic departure from that standard. Some people, of course, have more extreme views on the issue: According to a Gallup poll conducted in May, 19 percent of Americans think abortion should be illegal in all circumstances, while almost twice as many (32 percent) think it should be legal in all circumstances. But most (48 percent) fall in between, saying it should be legal only under certain circumstances.

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