But the ruling also said that "a state can regulate abortions prior to viability so long as it doesn't place an undue burden on the woman's right to abortion", Erwin Chemerinsky, a dean and law professor at the University of California, Berkeley, told ABC News.
Just before Trump announced his nominee for the US Supreme Court Monday night, Cuomo unveiled a new campaign calling on the State Senate to codify Roe v. Wade into ny law, "or be voted out of office". He's pushing for the passage of the Reproductive Health Act, which shifts language for abortions from the state's penal code to the public health law, changes abortion's status as an exception to homicide and allows abortions in the third trimester of a pregnancy under certain circumstances.
President Donald Trump tapped Kavanaugh, a judge on the District of Columbia Circuit Court of Appeals, to take the vacancy being left by retiring Associate Justice Anthony Kennedy.
In a Monday night statement, Planned Parenthood Executive Vice President Dawn Laguens warned that Kavanaugh's confirmation would spell the end for Roe v. Wade.
New York State Attorney General Barbara Underwood also opposes Kavanaugh's nomination.
Recent polling in NY confirms most Democratic voters want strong abortion protections. "Congressional Democrats are not pointing out the fact that even if Roe vs. Wade was overturned, it would not automatically ban abortions across the country, although that's the way they're framing it".
It is possible that one of these cases could be decided by the Supreme Court. President Trump has said from the beginning that he wants to appoint a judge to the Supreme Court who is, in his words, pro-life.
"We never passed the New York State law because we relied on Roe v. Wade and everyone assumed it would always be there", Gov. Cuomo said. Maybe it's because he read the polls showing that 70 percent of Americans believe abortion should be safe and legal, as it has been for 45 years.
"Roe has been attacked so persistently for the last four decades - and reproductive choice has been so limited, particularly for women without access to clinics and hospitals that offer both abortion and contraception - that I doubt the strategy will be to completely dismantle Roe", Dzuback said.
"So we would have to wait to see a case that makes its way up the pipeline to the Supreme Court before they would review Roe v. Wade", she added. "And so the question is whether Kavanaugh, if he's confirmed, replaces him as that justice who's perhaps more in the middle".
As of now, four states - Louisiana, Mississippi and North and South Dakota - have what are known as abortion "trigger laws". They're already pointing to their worry about Roe v. Wade, about whether it will be overturned. I want to get it done before the Supreme Court does that because I don't want any gaps in a woman's right to protection.
"The court cares about things like its own legitimacy", said Myrick, "and how often a precedent has been upheld in the past".