One key strategy will be legal challenges to so-called 'trigger' laws on the books in 13 states. Another route will be seeking abortion protections through state constitutions.
One key strategy will be legal challenges to so-called “trigger” laws on the books in 13 states. The details of the laws vary, but they’re all designed to ban or severely limit abortion the momentis overturned. “It’s an unusual way of legislating,” says Helene Krasnoff, the vice president of public policy litigation and law at Planned Parenthood. “I’m not really aware of other areas of law that have future effective dates contingent upon Supreme Court cases.
Another route will be seeking abortion protections through state constitutions, a proven method through which 11 states have granted such rights through legal challenges. “A lot of people don’t realize that the federal constitution is a floor, it’s not a ceiling,” says Alexa Kolbi-Molinas, the deputy director of the ACLU Reproductive Freedom Project. “They provide greater independent protections than the federal constitution.” Michigan Gov.
Some of the legal offenses will also look to expand abortion rights, not just reverse bans. The ACLU’s Kolbi-Molinas mentioned an ongoing litigation against a set of laws in North Carolina that, together, reduce access to abortion in a state where its still accessible. “If it’s successful, we will have protected and expanded the right in a critical region in the country,” she says, alluding to the number of North Carolina’s neighbors in the South that have restricted abortion.
But, overall, the attorneys are overall bracing for a legal mess. “Without this federal floor of protection thatprovided, we see a lot of interstate conflict,” Schneller explains. “It’s going to be really chaotic, both for patients and providers, and then ultimately in the courts to figure out what comes next.” Schellner observes that the looming chaos
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