DELMARVA - If Roe v. Wade is overturned, it will be up to individual states to enact their own abortion laws. There are policies in place that would keep abortion legal in both Delaware and Maryland.
That court ruling was decided in 1973, and "At the time there was much confusion and inconsistencies in the state, and also safety concerns about the plethora of illegal abortions that were done," said Dr. Sam Hoff, Professor Emeritus of Political Science at Delaware State University.
Dr. Hoff read the 98 page document of the Supreme Court draft opinion on overturning Roe v. Wade.
"On that page [40. Justice Alito] says Roe's decision back in '73 was egregiously wrong and damaging and essentially collided with the Constitution the day it was written," said Dr. Hoff.
If overturned, "It takes away the right that has been codified all these years, and although there is ways to reverse it it doesn't look good right now for proponents of the right to choose," said Dr. Hoff.
Delaware will not be impacted by that possible decision, Senator Bryan Townsend (D - SD11) said in 2017 they prepared for something like this to happen one day and will continue to strengthen women's rights.
"The way Delaware law is structured, it's part of Delaware code ... There is not an immediate threat of women's rights in Delaware from a Supreme Court decision like this," said Sen. Townsend.
Maryland also just recently expanded abortion access, allowing other healthcare professionals like nurses and midwives to perform abortions.
"We need to figure out whether states like Delaware that are actually committed to a woman's equality, dignity, and autonomy women should have over their bodies ... will see people from other states come and seek healthcare here. We don't know exactly how that will go yet," said Townsend.
Senator Bryant Richardson (R - SD21) told WRDE he is hopeful the Supreme Court will overturn Roe v. Wade. He said in a statement, "I remain committed to doing all I can to protect the unborn in Delaware through future legislation."
Family law attorney from McAllister, DeTar, Showalter & Walker LLC, Morgan Foster, said it is unlikely we will see a change in the draft opinion.
"I think what they are going to want to avoid is the perception that by leaking this opinion and seeing a giant public political backlash that then the Supreme Court is going to change what its opinion will otherwise have been," said Foster.
Foster also says if Roe v. Wade is overturned , t could set a precedent potentially impacting other individual liberties.