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Can states preserve access to abortion if Roe v. Wade is overturned?

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The gold domed Vermont State House in the capital city of Montpelier on a snowy day in winter time. There is snow all over the ground.

As the battle over reproductive healthcare rages at the federal level, some states are taking matters into their own hands. States such as Vermont are trying to enshrine access to abortion, contraceptives, and reproductive care in their own constitutions. One such measure, Proposal 5, passed the Vermont House of Representatives on Tuesday and now will go before the voters in November, where it’s expected to receive overwhelming support from Vermonters. If it does pass, Vermont would become the first state to guarantee these protections via its constitution, according to the Washington Post. 

More and more state legislatures are mobilizing in anticipation of the Supreme Court’s decision on an abortion ban in Mississippi, which directly threatens the rights spelled out in Roe v. Wade. Some states, such as Texas, have implemented new, near-total abortion bans, while others are trying to shore up abortion protections. All of these legislative efforts anticipate a “post-Roe” world, where “the question of whether or not abortion should be legal will go back to the states,” says Jeremy Paul, professor of law and former dean of Northeastern’s School of Law.

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