Whatever Happened to the Exceptions for Rape and Incest?

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The justices heard 90 minutes of oral arguments in the most direct challenge to Roe v. Wade in nearly three decades. It was unclear after Wednesday's argument whether the court would take the additional step of explicitly overturning its abortion precedents, including Roe v. The three more liberal justices warned that the court would appear to be a political body if it tossed out abortion rulings that the country has relied on for decades. Kavanaugh listed several past decisions, on segregation and gay marriage, that resulted from the court overruling long-standing precedents.

She is the author of Abortion after that the Law in America: Roe v. Wade to the Present. For decades, exceptions to abortion bans for rape and incest were a rare basis of consensus. And they still are, among the public: Time and all over again, Gallup has found that nearly 80 percent of Americans support such exceptions. This is true even in burgundy states such as Alabama and Texas.

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