Tuesday, May 03, 2022

The Coming Campaign Won't Be as Difficult as Feared

The Wall Street Journal publishes a map of where the abortion laws stand in each state if Roe v. Wade is overturned. The colors require explanation. [bold added]

Laws Restricting Abortions
States have three different categories of abortion restrictions:
Trigger Laws
Some states have so-called trigger laws on the books, which would ban all or nearly all abortions in the state if Roe v. Wade is overturned. The law would go into effect either automatically or by quick state action.

Pre-Roe Bans
A number of states have bans on abortion that predate Roe v. Wade. Such bans have been unenforceable for the past five decades, but states could look to revive them if Roe is overturned. The bans likely wouldn’t go into effect immediately if the Supreme Court abolishes federal abortion rights, leaving it up to states to decide. Instead, they would likely require some type of new state action, like an attorney general issuing an opinion saying that abortion was illegal in the state.

Post-Roe Restrictions
Instead of outright bans, some states have sought to set narrower limits on when abortions can be performed during a pregnancy. Many of these laws have been blocked in court, but could take effect if Roe is overturned.
Laws Establishing Abortion-Rights
Sixteen (16) states, plus the District of Columbia, have already passed laws establishing the right to terminate pregnancies. They're not identical; for example, California has Medi-Cal coverage for abortions.

State and local governance, aka federalism, is indeed messy and inefficient. Abortion-rights supporters seem to dread having to argue a case, in 34 jurisdictions no less, that they thought they had already won, but I suspect they'll find it easier than feared.

Everyone has had to wrestle with the meaning of fetal life for 49 years, and IMHO the majority across the United States has decided that it is less important than the health of a mother.

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