VIRGINIA BEACH, Va. — Since Supreme Court Justice Clarence Thomas wrote an opinion suggesting the court reconsider a ruling that protects access to birth control, many are asking what state lawmakers can do now that Roe v. Wade left the power to individual states on what to do with abortion.
Regent University's Dean of the School of Law Bradley Lingo said it allows state leaders to vote to ban abortions altogether, but he said it really depends on where state leaders draw the line after conception.
"It's a legal earthquake," Lingo said. He said the Supreme Court's decision to overturn Roe v. Wade creates a ripple effect across the country.
While the overturn of Roe V. Wade clearly leaves the power to individual states, Lingo said there's more to the legal aspect regarding other areas of reproductive health.
"The big change is we're going to go from having one judge-made national federal solution to 50 imperfect solutions to let the people decide how they want abortion to be regulated in their state," said Lingo.
Lingo said state leaders likely won't have grounds to ban regular birth control, because it is a preventative method and not post-conception.
However, he said the use of contraceptives after possible conception, such as Plan B, is where the lines tend to blur from a legal standpoint.
"I wouldn't be surprised to see states, and some states already have prohibited abortion altogether," said Lingo. "I think there will still be legal disputes in terms of what constitutes abortion, verses what constitutes some form of medical form of contraception, and sometimes the line is not always completely clear."
Lingo said because some lawmakers believe life begins at the moment of conception, it's possible Plan B contraceptives could be deemed as a form of abortion if it is taken post-conception.
Virginia Gov. Glenn Youngkin proposed a 15-week ban on abortion shortly after the overturn of Roe v. Wade Friday morning.
Lingo said state leaders in Virginia technically have the power to limit abortion access, even contraceptives such as Plan B.
"The limit on the state's power post-Dobbs is that the state law has to have a rational basis, the state law must pass rational basis review," said Lingo. "But it would be up to the will of the people expressed through their elected representatives to set laws they see fit."
Right now, 13 states in the country have trigger laws, which means the laws banning abortion in the state took effect once the Supreme Court overturned Roe v. Wade.
Some of those laws either put a limit on abortions, or banned abortions altogether, including medical abortions, which are done with a pill.