65% of Americans want Supreme Court to overturn Texas abortion law, poll finds as court deliberates

Topline

Nearly two-thirds of Americans believe the Supreme Court should strike down Texas’ restrictive abortion law after the court heard two challenges against it earlier this month, a new Washington Post/ABC News survey found, with a large majority of respondents supporting abortion rights as the court prepares to potentially overturn Roe v. Wade in a separate case.

Highlights

The poll found that 65% of respondents believe the Supreme Court should overturn the Texas law, while 29% want the court to uphold it and 6% have no opinion.

Another 60% of American adults want the Supreme Court to uphold its decision in Roe v. Wade, which guarantees the right to abortion, revealed the poll conducted from November 7 to 10 among 1,001 American adults.

An even larger majority of 75% think abortion should be a decision “left to the woman and her doctor”, while 20% want it to be regulated by law.

The poll found that 58% of respondents oppose state laws that severely restrict abortion or make it harder to get the procedure, including 45% who strongly oppose them, while 36% support these laws.

Support for abortion rights is leads mostly by Democrats, with 89% wanting the court to reject the Texas law, with 82% believing the court should uphold Roe v. Wade and 83% opposing restrictive state abortion laws.

Republicans remain broadly opposed to abortion — with 55% supporting the Texas law and 62% backing the state’s restrictive laws — but only 45% want the court to overturn Roe v. Wade (42% want it confirmed) and a majority of 53% think abortion should be up to a woman and her doctor.

Key Context

The 6-3 conservative Supreme Court is in the midst of a particularly big term for right to abortion. On November 1, the court heard two challenges Texas Abortion Law, which were brought about by abortion providers and the Biden administration. The law, known as Senate Bill 8 (SB 8), bans nearly all abortions after about six weeks of pregnancy, and several conservative justices have signaled they may be inclined to rule against it because ‘It is enforced through private prosecution against anyone who ‘aids and abets’. ” an abortion, rather than the government. If the court upholds the law, opponents have argued that it could lead states to pass similar laws on other issues, such as gun rights, which also attempt to sidestep the court’s precedents through lawsuits brought by citizens. The High Court will then hear a challenge to Mississippi’s 15-week abortion ban on Dec. 1, which will comprehensively consider whether states can restrict abortion before the fetus is viable — and could result in Roe v. Wade.

To monitor

The court is still deliberating on the SB 8 cases and could issue a ruling or injunction that temporarily blocks the law at any time. Supreme Court rulings won’t overturn SB 8 if it doesn’t side with Texas; instead, the court decides whether cases should proceed in lower courts and whether abortion providers and the federal government actually have standing to challenge the law. Justices signaled during hearings that they may be more inclined to rule in favor of abortion clinics than the Biden administration, with Chief Justice John Roberts saying the Justice Department is trying to get an “injunction against the world” by trying to overthrow a state. law.

Further reading

Americans largely support the Supreme Court upholding Roe v. Wade and Oppose Texas Abortion Law, Post-ABC Poll Shows (Washington Post)

Texas abortion law: Conservative Supreme Court justices signal willingness to rule against SB 8 (Forbes)

DOJ asks the Supreme Court to rule on Texas abortion law – Here are all the abortion cases the Court could rule on this term (Forbes)

Supreme Court approval rating plunges amid abortion debate, poll finds (Forbes)

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