.maryrziegler spoke with Ms. about the ongoing threat to abortion access in the U.S. 'Most people don’t understand that regardless of what the Supreme Court ultimately says about the fate of abortion rights, we already live in a post-Roe world.'
is overturned, what would abortion in America look like?America already has a patchwork of laws governing abortion, and access varies dramatically from state. Afteris gone, we would expect these differences to deepen profoundly. Some states might not only ban abortions but also potentially define “abortion” to include other health care, including some forms of contraception and reproductive technologies.
Every state would see a pitched battle about how many abortions to allow—and about what the state constitution says about abortion. And since abortion-rights supporters would hardly give up on the Supreme Court, the next several decades would see both sides continuing to battle over the Court and the federal Constitution’s meaning when it comes to abortion.
All of this reminds me that we all have been lazy and imprecise about what we mean when we talk about “decision is long gone. But that doesn’t mean that nothing would change if states could criminalize abortion.With the onset of COVID-19, certain states have tried to limit abortions by labeling them an elective surgery. How does that fit into the broader themes of “Abortion and the Law”?For decades, Americans have thought of the abortion wars as a clash of fundamental rights.
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