A second Supreme Court nomination by President Trump does not necessarily mean Roe v. Wade will be overturned. At least not formally. Instead, look to see the Supreme Court continue to acknowledge the validity of Roe as precedent while effectively overruling it with judicially minimal decisions. This has been one of the characteristics of the Roberts Court, using judicial minimalism to limit precedents, and it will continue with reproductive rights.
Anticipation of Trump’s second appointment to the Supreme Court in reference to reproductive rights has completely missed a major point. Groups supportive of reproductive rights have talked of the importance of Roe, and pro-choice senators such as Susan Collins have said they will not support a Justice who opposes Roe. Look to see Senate confirmation questions ask nominees about Roe as a precedent. Either a nominee will refuse to comment or express fidelity to precedent. Upholding Roe formally is important but not critical to abortion rights. Simply upholding Roe does not mean reproductive rights are secure.
Roe v. Wade is the 1973 Supreme Court decision declaring that the Constitution encompasses a right to privacy, which also includes a right of a woman to terminate her pregnancy. Yet Roe never granted an absolute right to terminate a pregnancy. Under the original decision Justice Blackmun created a trimester system where the later in the term of pregnancy it…