Former President Trump has taken credit for the Supreme Court’s decision to overturn the 1973 Roe v. Wade ruling that guaranteed abortion rights, but he has made inaccurate claims that the decision had universal support. Trump stated that “all legal scholars, both sides,” demanded the overturning of Roe, but many legal scholars actually wanted Roe preserved. Trump also claimed that states are free to determine their own abortion laws because “everybody” wanted it that way, despite a large majority of Americans consistently showing support for Roe.
Contrary to Trump’s claims, not all legal scholars wanted Roe v. Wade overturned. Several legal scholars have spoken out against Trump’s assertion that all legal scholars supported ending Roe. Many scholars, including Maya Manian, Reva Siegel, and Mary Ziegler, disagreed with the idea of overturning Roe and giving states power over abortion laws. They argued for strengthening Roe and expanding protections for reproductive rights rather than overturning the decision.
While Trump has suggested that “everybody” agreed that states should determine abortion laws, this is not supported by public opinion. Polls consistently show that a large majority of Americans wish Roe v. Wade had been preserved. Various polls, including those conducted by CNN, Marquette Law School, NBC News, and Gallup, have found that around 61-67% of respondents oppose the Supreme Court’s decision to overturn Roe. This indicates that Trump’s claim that universal support exists for state-level abortion laws is unfounded.
Legal scholars who supported reproductive justice argued for expanding Roe’s protections rather than overturning the decision. Critics of Roe from the progressive side called for overturning cases like Harris v. McRae, which limited access to abortion. They sought to broaden abortion rights beyond the constraints set by Roe, emphasizing the importance of women’s control over their bodies and futures. Trump’s assertion that all legal scholars wanted Roe overturned disregards the nuanced perspectives within the legal community regarding reproductive rights.
Most Americans support upholding Roe v. Wade, as evidenced by polling data collected before and after the Supreme Court’s decision to rescind the ruling. Polls consistently show that a majority of adults and registered voters oppose overturning Roe, with percentages ranging from 61-67% depending on the survey. Despite Trump’s claims of widespread support for state-level abortion laws, public opinion indicates a desire to maintain Roe’s protections for reproductive rights across the country. Thus, Trump’s statements regarding universal agreement on abortion policy do not accurately reflect the diversity of opinions within the legal community and the broader American population.
