Poll: Majority Say Abortion Should Be ‘Mostly’ or ‘Always’ Illegal

Pro-life protesters stand near the gate of the Texas state capitol at a protest outside th
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Hannah Knudsen

Most Americans believe abortion should be either “mostly” or “always” illegal, and support banning abortion after 15 weeks, a Fox News poll released this week found.

The national poll, conducted prior to the leak of a draft Supreme Court opinion overruling Roe v. Wade, found that 54 percent favor banning abortion in their respective state after 15 weeks of pregnancy, compared to 41 percent who oppose. Additionally, more favor banning abortion in their state after just six weeks than oppose — 50 percent to 46 percent. 

Notably, 63 percent said Roe should stand, compared to 27 percent who oppose it. But even so, as the survey reveals, 54 percent believe abortion should be illegal either most or all the time. Of those, 36 percent said it should be “mostly” illegal, and 11 percent said it should “always” be illegal. Altogether, 71 percent believe there should be at least some limits on abortion:

Overall, 44% think abortion should be legal all (27%) or most of the time (17%), while a majority of 54% thinks it should be illegal all (11%) or most of the time (43%).  The “legal” number is a record low and it’s also the first time the portion saying “illegal” has been above 50% on a Fox News poll.

Of the four positions, the largest share, 43%, thinks abortion should be illegal except in certain circumstances, such as rape, incest, and to save the mother’s life.

“Americans’ opinions on abortion are more nuanced than is often assumed,” says [pollster Daron] Shaw. “Sixty percent think abortion should be legal, but with restrictions. The question is where to draw the line.”

The survey was taken April 28-May 1, 2022, among 1,003 registered voters and has a +/- 3 percent margin of error. 

It comes on the heels of perhaps the biggest news of the week — Politico publishing a leaked Supreme Court draft opinion overruling Roe v. Wade. The draft, reportedly penned by Justice Samuel Alito, states that it is “time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

The leak triggered uproar among pro-abortion activists as Democrat lawmakers scramble to garner support to abolish the filibuster in order to codify Roe into law.

Jessica Golibart cries as demonstrators gather in front of the US Supreme Court in Washington, DC, on May 3, 2022. The Supreme Court is poised to strike down the right to abortion in the U.S., according to a leaked draft of a majority opinion that would shred nearly 50 years of constitutional protections. The draft, obtained by Politico, was written by Justice Samuel Alito, and has been circulated inside the conservative-dominated court, the news outlet reported. Politico stressed that the document it obtained is a draft and opinions could change. The court is expected to issue a decision by June. The draft opinion calls the landmark 1973 Roe v Wade decision "egregiously wrong from the start."

Jessica Golibart cries as demonstrators gather in front of the US Supreme Court in Washington, DC, on May 3, 2022. The Supreme Court is poised to strike down the right to abortion in the U.S., according to a leaked draft of a majority opinion. (BRENDAN SMIALOWSKI/AFP via Getty Images)

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