Utah law professor: Overturning Roe v. Wade would leave abortion laws to the states

May 3, 2022, 8:38 AM | Updated: 9:59 am
gun rights Utah abortion Boston Christian flag...
FILE - Visitors walk outside the Supreme Court building on Capitol Hill in Washington, Feb. 21, 2022. (AP Photo/Patrick Semansky, File)
(AP Photo/Patrick Semansky, File)

SALT LAKE CITY — The draft Supreme Court decision overturning Roe v. Wade would leave laws on abortion up to legislatures, with wide variations expected from state to state. That’s the view of University of Utah law professor Paul Cassell, who spoke to KSL NewsRadio on Monday evening.

The leaked Roe v. Wade document was published by the Washington DC-based website Politico on Monday. Its authenticity has now been verified by the Supreme Court, although its release was unauthorized.

 Cassell said the document could be the outline for a forthcoming decision.

“I think we have to take it with a grain of salt,” he said, “but typically, once a draft circulates, it’s very common for that draft to end up being the ultimate decision of the court.”

“The net effect will be to return the abortion issue back to the states. In other words, Utah, California, New York, Florida, they’ll all have to pass their own laws and regulations dealing with abortion,” Cassell said.

He doesn’t expect those laws to be the same across the country.

“California’s going to have a much more liberal or generous approach to the circumstances in which abortion is permitted. Utah and other conservative states are going to have much more restrictive approaches,” he said.

Utah, in fact, already has a so-called “trigger law” on the books. SB 174, passed in 2020, which would only take effect if Roe v. Wade is eventually overturned. It would prohibit most abortions except in cases where the pregnancy was the result of rape or incest, where two doctors certify a fetus could not survive outside the womb, or to save the life of the mother. A number of other states have similar laws.

Related reading:

Today’s Top Stories


An 18-year-old man has turned himself into police in connection with a shooting in Orem at the Axis...
Allie Litzinger and Samantha Herrera

18-year-old connected to Orem shooting turns himself in

The man is accused of attempted murder after a shooting in Orem in November. He turned himself in with the help of his lawyer.
2 days ago
A former American Fork soccer coach is under arrest and facing six felony counts of child sexual ab...
Hugo Rikard-Bell

Former American Fork soccer coach arrested on charges of child sexual abuse

The suspect arrested on charges of child sexual abuse was reportedly a soccer coach for the UC Strikers and Utah FC junior teams, between 2000 and 2014, according to American Fork Police.
3 days ago
Eli Mitchell, victim of fatal hit and run...
Mark Jones

Utah County man pleads guilty to death of West Jordan teenager

A Saratoga Springs man pleaded guilty Tuesday in Third District Court of automobile homicide in connection to the death of a 13-year-old West Jordan teenager last April.
4 days ago
FILE: Oath Keepers founder Stewart Rhodes appears on a video screen above members of the Select Com...

Oath Keepers boss guilty of seditious conspiracy in 1/6 case

A Washington, D.C., jury found Rhodes guilty of sedition after three days of deliberations in the the nearly two-month-long trial
4 days ago
homeless shelters and Homelessness in Utah...
Alejandro Lucero

Utah official says better coordination could help with homelessness

Homelessness continues to grow in big cities across the U.S., and Salt Lake City is not an enigma. Could focusing on mental health help curb the trend?
4 days ago
Hand-written messages cover the heart attached to the cross to honor a victim of the mass shooting ...

Colorado gay club shooting suspect held without bail

The alleged shooter facing possible hate crime charges in the fatal shooting of five people at a Colorado Springs gay nightclub was ordered held without bail in an initial court appearance Wednesday.
10 days ago

Sponsored Articles

Spicy Homemade Loaded Taters Tots...

5 game day snacks for the whole family (with recipes!)

Try these game day snacks to make watching football at home with your family feel like a special occasion. 
Happy joyful smiling casual satisfied woman learning and communicates in sign language online using...

The best tools for Deaf and hard-of-hearing workplace success

Here are some of the best resources to make your workplace work better for Deaf and hard-of-hearing employees.
Team supporters celebrating at a tailgate party...

8 Delicious Tailgate Foods That Require Zero Prep Work

In a hurry? These 8 tailgate foods take zero prep work, so you can fuel up and get back to what matters most: getting hyped for your favorite
christmas decorations candles in glass jars with fir on a old wooden table...
Western Nut Company

12 Mason Jar Gift Ideas for the 12 Days of Christmas [with recipes!]

There are so many clever mason jar gift ideas to give something thoughtful to your neighbors or friends. Read our 12 ideas to make your own!
wide shot of Bear Lake with a person on a stand up paddle board...

Pack your bags! Extended stays at Bear Lake await you

Work from here! Read our tips to prepare for your extended stay, whether at Bear Lake or somewhere else nearby.
young boy with hearing aid...

Accommodations for students who are deaf and hard of hearing

These different types of accommodations for students who are deaf and hard of hearing can help them succeed in school.
Utah law professor: Overturning Roe v. Wade would leave abortion laws to the states