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What happens if Roe v. Wade is overturned

Without Roe v. Wade, access to abortion would be governed by a patchwork of state laws. Some states have laws that explicitly protect access, while others have an outright ban. About half of the states don't have explicit policy determining access to abortion.

Why it matters: The nomination of Brett Kavanaugh throws the future of Roe v. Wade into uncertainty. During the 2016 campaign, President Trump promised to appoint judges who were pro-life and would overturn the 1973 decision.

Expand chart
Data: State abortion policy from the Guttmacher Institute, state legislative makeup from NARAL. Map: Kerrie Vila/Axios

Where access would be restricted: Four states — Louisiana, Mississippi, North Dakota and South Dakota — have trigger laws that would immediately make abortion illegal. In seven states, pre-Roe restrictions on abortion would take effect.

Where access would be protected: There are 17 states that have either laws or court rulings protecting access to abortion regardless of Roe.

Uncertain: The remaining 23 states are without explicit laws or court decisions. Abortion access would be determined by state legislatures and governors. Of the “uncertain” states, three lean pro-choice and 12 lean pro-life, based on the pro-choice group NARAL’s categorization of state governors and legislatures. States with mixed governments (8) appear gray.

Go deeper

Alayna Treene, author of Sneak Peek
3 hours ago - Politics & Policy

McConnell drops filibuster demand, paving way for power-sharing deal

Senate Majority Leader Chuck Schumer (R) and Minority Leader Mitch McConnell attend a joint session of Congress. Photo: Olivier Douliery/AFP via Getty Images

Senate Minority Leader Mitch McConnell has abandoned his demand that Democrats state, in writing, that they would not abandon the legislative filibuster.

Between the lines: McConnell was never going to agree to a 50-50 power sharing deal without putting up a fight over keeping the 60-vote threshold. But the minority leader ultimately caved after it became clear that delaying the organizing resolution was no longer feasible.

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Ashley Gold
4 hours ago - Technology

Scoop: Google won't donate to members of Congress who voted against election results

Sen. Ted Cruz led the group of Republicans who opposed certifying the results. Photo: Stefani Reynolds/Pool/AFP via Getty Images

Google will not make contributions from its political action committee this cycle to any member of Congress who voted against certifying the results of the presidential election, following the deadly Capitol riot.

Why it matters: Several major businesses paused or pulled political donations following the events of Jan. 6, when pro-Trump rioters, riled up by former President Trump, stormed the Capitol on the day it was to certify the election results.

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Alayna Treene, author of Sneak Peek
5 hours ago - Politics & Policy

Minority Mitch still setting Senate agenda

Illustration: Aïda Amer/Axios

Chuck Schumer may be majority leader, yet in many ways, Mitch McConnell is still running the Senate show — and his counterpart is about done with it.

Why it matters: McConnell rolled over Democrats unapologetically, and kept tight control over his fellow Republicans, while in the majority. But he's showing equal skill as minority leader, using political jiujitsu to convert a perceived weakness into strength.

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