Polling data indicates that Americans’
opinions about abortion are more diverse and nuanced than Roe’s
supporters frequently imply.
A Fox News poll completed last week, the day before Politico
published a draft majority opinion indicating that the Supreme Court
will soon overturn Roe v. Wade, found that just 27% of respondents
favored that outcome. Yet 54% thought their own states should ban
abortion after 15 weeks of gestation — the very policy at issue in the
case before the Court.
A sizable number of the respondents evidently did not realize
that a 15-week ban is inconsistent with Roe, and similar anomalies in
other surveys suggest such confusion is common. At the same time,
polling data indicates that Americans’ opinions about abortion are more
diverse and nuanced than Roe’s supporters frequently imply.
That
1973 decision said states were not allowed to regulate abortion based on
“the potentiality of human life” until the third trimester, which at
the time was roughly equivalent to “viability,” the point at which a
fetus can survive outside the womb.
Planned Parenthood v. Casey, the 1992 decision that retained Roe’s
“central holding,” forbade any regulation that places “a substantial
obstacle in the path of a woman seeking an abortion of a nonviable
fetus.”
The dividing line for “viability” nowadays is generally said to
be around 23 or 24 weeks. That means a 15-week ban is clearly out of
the question under the Court’s abortion precedents.
So is an
18-week cutoff, which 41% of the respondents in a 2021 Gallup poll
favored, although only 32% said Roe should be overturned. A 2021
Marquette University Law School poll likewise found a gap between the
share of respondents who said the Court should ditch Roe (21%) and the
share who thought it should uphold a 15-week ban (37%).
An ABC News/Washington Post poll conducted last month found
that 54% of respondents supported Roe, which was similar to the 57% who
opposed a 15-week ban. But that survey presented a different puzzle: The
share of respondents who opposed a 15-week ban was essentially the same
as the share who opposed a six-week ban (58%).
According to
federal data, a ban on abortion after 15 weeks would affect less than 5%
of abortions. By contrast, opponents of the Texas law that prohibits
abortion when fetal cardiac activity can be detected, which typically
happens around six weeks, estimated that it would cover “at least 85%”
of abortions.
You would therefore expect substantially more
opposition to the second policy, contrary to what the poll found. While
results like these cast doubt on the basis for the abortion opinions
measured by polls, other findings tend to conceal their diversity.
In the Gallup poll, for example, 32% of respondents said
abortion should be “legal under any circumstances,” while 48% said
abortion should be “legal only under certain circumstances.” Although
supporters of abortion rights often combine those two numbers, the
latter view covers a wide range of policies, from liberal laws that
allow abortions in nearly all cases to strict laws with a few narrow
exceptions.
The plurality apparently includes many people who lean toward the
latter position. Although only 19% of respondents said abortion should
be “illegal in all circumstances,” 47% described themselves as
“pro-life.”
In a March 2022 Pew Research Center poll, 25% of
respondents said abortion should be “legal in all cases;” 36% said it
should be “legal in most cases;” 27% said it should be “illegal in most
cases;” and 10% said it should be “illegal in all cases.” While you can
read those results as evidence of a “pro-choice” majority, they are
consistent with majority support for something like a 15-week ban, which
would leave abortion “legal in most cases.”
Pew also has found
that opinions about abortion vary widely across states, which is
correlated with the regulations that legislators enact. If the Supreme
Court rules as expected, those policy differences will be more dramatic
than ever.