Overturning Roe would either prohibit all abortions or return it to the states depending upon how Roe was overturned. Roe was based on two main holdings. First, that the right to privacy (which had already been extended to provide a right to contraception in Griswold v. Connecticut) was implicated by laws which prevented women from getting an abortion. Second, that the “fetus” was not a person under the 14th Amendment. If the court simply says that the right to privacy is not implicated by abortion restrictions then the issue would be returned to the states. However, a much more likely outcome would be for the court to say that privacy is implicated but that the unborn child is a person for the purposes of the 14th Amendment. If the unborn child is a person under the 14th Amendment then he or she is automatically entitled to “not be deprived of life, liberty, or property without due process of law.” And congress is specifically given power to enforce this Amendment by legislation.
THANK YOU, THANK YOU, THANK YOU!