After Roe v. Wade, What Next?

TL;DR

The Supreme Court's recent ruling on Dobb's v. Jackson Women's Health Organization has opened up a range of questions and uncertainties regarding abortion laws and rights. This analysis explores various issues, including state regulation of abortion, trigger laws, religious exceptions, potential fetal personhood, national legislation, interstate travel, and other constitutional rights at stake.

Transcript

• That Roe is dead opens more questions than it answers. What happens next after the Dobb's decision? Well, today we're going to look at some of the most pressing issues from trigger laws to abortion pills, to federal codification of Roe. And we start with the idea of whether states can criminalize abortion. The answer here is obviously yes they ca... Read More

Key Insights

• 🥺 The Supreme Court's ruling has allowed states to regulate and criminalize abortion, leading to a complex patchwork of laws across the country.
• 👮 Trigger laws and limited exceptions for rape or incest highlight the varied approaches and restrictions on abortion access in different states.
• 💌 The potential recognition of fetal personhood and restrictions on abortion pills through mail order may further limit reproductive rights.
• 👮 Interstate travel for abortion, the future of abortion laws in Washington D.C., congressional actions, and the First Amendment's implications pose additional challenges and uncertainties.
• 🤨 The Supreme Court's narrowing view of substantive due process raises concerns about the potential rollback of other constitutional rights.
• 😀 Reproductive health charities are likely to face increased challenges and may require support.

Questions & Answers

Q: Can states criminalize abortion after the Dobb's decision?

Yes, the Supreme Court ruled that states have the right to regulate and criminalize abortion, as long as there is a rational basis for passing the law.

Q: Are there any exceptions for rape or incest in states with trigger laws?

Only five out of the 13 states with trigger laws have exceptions for rape or incest. This means that individuals who become pregnant through incest or rape in the other states will be forced to give birth.

Q: What are the potential implications of the Supreme Court's ruling on the availability of abortion pills through mail order?

The FDA's decision to allow abortion pills via mail order has increased access to medication-induced abortions. However, the Supreme Court's shifting stance on regulatory authority may impact the future availability of abortion pills.

Q: How might interstate travel for abortion be affected?

While Justice Kavanaugh expressed the opinion that states cannot ban women from traveling to another state for an abortion, the issue was not directly addressed in the Dobb's case. The legal landscape regarding the right to travel between states remains uncertain.

Summary & Key Takeaways

• The Supreme Court's ruling allows states to regulate and criminalize abortion, giving rise to a patchwork of laws across the country.

• Trigger laws in 13 states ban abortion after the overturning of Roe v. Wade, with limited exceptions for saving the life of the pregnant woman but no exceptions for rape or incest.

• Fetal personhood and potential limitations on abortion pills through mail order may redefine the scope of reproductive rights.

• Interstate travel for abortion, the future of abortion laws in Washington D.C., potential congressional actions, and the First Amendment implications add further complexity and uncertainty.