April 26, 2023
Abortion Rights in the United States
NPR/PBS NewsHour/Marist National Poll
Americans Staunch in Opposition to Overturning Roe v. Wade
Nearly one year after the U.S. Supreme Court overturned Roe v. Wade, Americans’ attitudes about the decision have not changed. Many (59%) oppose the Court’s decision, and a similar proportion (61%) say they support abortion rights. However, American public opinion on the issue of abortion is nuanced. Despite support for abortion rights, nearly two in three Americans want significant restrictions placed on abortion access which would limit abortions to, at most, the first three months of pregnancy. When drilling down into specific abortion laws, those which protect the life, health, and safety of the pregnant person, permit abortions in specific instances of rape or incest, or provide a safe haven for individuals seeking an abortion outside of their state of residence receive the greatest support. Greater debate exists over laws which limit abortion to the time of viability and cardiac activity. Many Americans also oppose laws which ban access to medication abortions.
Nearly six in ten Americans (59%) oppose the 2022 U.S. Supreme Court decision to overturn Roe v. Wade. 40% support the decision. These results are comparable to those immediately following the decision in June 2022. While Democrats (82%) and independents (56%) are more likely than Republicans to oppose the ruling, even 32% of Republicans disagree with the decision. 67% of the GOP support it.
More than six in ten Americans (61%), up from 55% in June 2022, say they support abortion rights. This includes 84% of Democrats, 62% of independents, and even one in three Republicans (33%). Driven by Republicans (65%), 37% of Americans say they oppose abortion rights.
Two in three Americans want significant restrictions placed on abortion. 66% say abortion should only be allowed, at most, within the first three months during pregnancy. 34% say abortion should be permitted during the first six months of pregnancy or at any time. Most Republicans (86%) and independents (73%) favor restricting abortion to, at most, the first trimester of pregnancy. While a majority of Democrats (58%) favor a longer window for abortions to be performed, even 42% of Democrats want limitations.
Taking a closer look at Americans’ views on abortion restrictions, 22% of Americans believe abortion should be available at any time during pregnancy. 12% say abortion should be allowed within the first six months of gestation. 25% think abortion should be limited to within the first three months of pregnancy, and 25% say abortion should only be allowed in cases of rape, incest, or to save the life of the pregnant person. Eight percent believe abortion should be allowed only to save the life of a pregnant person, and 9% assert abortion should never be allowed.
More than six in ten Americans (61%) say they personally know someone who has had an abortion.
"The public abortion debate exists at the extreme ends of public opinion. Only about one in five Americans believe abortion should be allowed at any time during pregnancy and fewer than one in ten believe it should be completely banned," says Barbara Carvalho, Director of the Marist Poll. "With many Americans saying they support abortion rights with at least some restrictions or exceptions, without Roe v. Wade, at issue are what the specific laws will be to govern abortion in the United States."
The Debate Exists Over Specific Abortion Laws
Since the overturning of Roe v. Wade, support for many abortion laws has either increased or has remained the same.
Most Americans (82%), unchanged from May 2022, support abortion laws which would allow an abortion at any time throughout a pregnancy to protect the life or health of the pregnant person. Seven in ten Americans (70%), up from 63%, support laws which would allow abortion at any point during pregnancy in cases of rape or incest. More than two in three residents (68%), up from 63%, support laws which provide safe haven for people seeking an abortion out of state. 44% of Americans support abortion laws which allow abortions up to 24 weeks when there is viability outside of the womb. This is up from 34% in May 2022. There has also been an increase in the proportion of Americans who support abortion laws up to the time of cardiac activity at about 6 weeks. 40% have this opinion now compared with 27% previously.
Nearly Two in Three Oppose Abortion Pill Ban
64% of Americans oppose a law which would ban the use of a prescription pill or series of pills taken to end a pregnancy. 35% support such a ban. While Democrats (73%) are more likely than Republicans (55%) and independents (57%) to oppose banning medication abortions, at least a majority, regardless of party, opposes limitations put on these drugs.
Many Americans (61%) also respect the authority of the Food and Drug Administration and do not think that federal judges should be able to overturn the FDA’s approval of a prescription drug. 36% do think federal judges should have this power.
Plurality Views Democrats as Better Able to Handle Abortion Debate, But…
41% of Americans see the Democratic Party as the party who would do a better job dealing with the issue of abortion. 25%, though, see the Republican Party as the stronger party on the issue. 25% say neither party is equipped to deal with the issue, and 9% say both parties would do about the same job in dealing with the issue of abortion. Of note, there has been an increase in the proportion of Americans that say neither party would better handle the issue, up from 15% last November.
Confidence in U.S. Supreme Court Continues to Decline
62% of Americans report they lack confidence in the U.S. Supreme Court. 37% say they have a great deal or quite a lot of confidence in the institution, marking the lowest amount of confidence in the Court since 2018 when 59% said they had faith in the Supreme Court.
Justices to the Supreme Court receive lifetime appointments, but more than two in three Americans (68%) think the justices should have term limits. 30% say they should continue to serve at their own discretion.