Why this law could be a bigger threat to Roe v. Wade than near-total abortion bans
An Arkansas law is less sweeping than bans on abortion in places like Alabama. It could be more dangerous for Roe v. Wade.
By Anna North
Jul 24, 2019
Near-total bans on abortion in Alabama and elsewhere around the country have gotten a lot of coverage in recent months.
But an Arkansas law requiring physician certification could have nearly the same effect without banning the procedure outright — and it might have a better shot at surviving a court challenge
John Roberts plays a waiting game on ‘Roe v. Wade’
By Harry Litman, Contributing columnist
February 13, 2019
The Supreme Court last week suspended a Louisiana abortion law, the justices' first significant action in an abortion case since the appointment of Justice Brett M. Kavanaugh. What does the decision portend for the future of Roe v. Wade in particular and reproductive rights in general?
The case, June Medical Services v. Gee, centers on a challenge to a provision in the Louisiana law (named, tellingly, “the Unsafe Abortion Protection Act”) requiring doctors who perform abortions to have admitting privileges at hospitals within 30 miles of the clinic where they perform abortions. The ostensible idea is to have quick access to a hospital in the event something goes awry, threatening the health of the mother. Critics argued that the effect of the law would be to reduce to one (from the current four) the number of doctors who can perform abortions at the state’s three operating clinics.
In Mass. and beyond, an effort to bolster access to abortion
By Stephanie Ebbert, Globe Staff
January 28, 2019
Reproductive rights advocates in Massachusetts and across the country are launching aggressive campaigns for the new year to bolster access to abortion services in left-leaning states, in anticipation of further restrictions in conservative ones.
The effort is part of a nationwide strategy by groups, including Planned Parenthood, the American Civil Liberties Union, and NARAL Pro-Choice Massachusetts, to create safe havens for women seeking abortion services at a time when a newly conservative Supreme Court could overturn the 46-year-old Roe v. Wade ruling that made abortion legal.
The Last Clinics Standing
These six states show how the Supreme Court could end abortion access without overruling Roe v. Wade
by Jessica Arons
Oct 22, 2018
Following Brett Kavanaugh’s nomination to the Supreme Court, there was much discussion about the future of reproductive rights in the United States and whether his appointment could result in the overturning of Roe v. Wade. While that prospect remains a real threat, abortion could be made as good as illegal for millions of people long before that happens.
In 2016, the Supreme Court struck down abortion restrictions that would have closed most abortion clinics in Texas. Justice Anthony Kennedy was the swing vote in that case. With Kavanaugh confirmed as his replacement, the court could use the next abortion-rights case to eviscerate abortion access without explicitly overruling Roe.
How to Prepare for a World Where Abortion Is Illegal
By Sady Doyle
Oct 18, 2018
The confirmation of Brett Kavanaugh to the Supreme Court seems to have ushered in a kind of nuclear winter for the reproductive rights movement. Kavanaugh was selected from a list of “pro-life” justices committed to overturning Roe; thanks to him, abortion access will likely be curtailed even further in all 50 states.
We don’t yet know when or how Roe will fall. Women and trans people have been losing the right to abortion for decades — through the defunding and closure of abortion clinics, through restrictions imposed by the states, or through the Hyde Amendment, a federal ban on abortion funding which effectively prevents low-income women from getting care. Some advocates expect the loss to continue this way, with states being allowed to pass increasingly draconian bans. Others see a grimmer endgame in sight.
Beyond Brett Kavanaugh’s Past, We Must Consider the Future of Abortion
A new Planned Parenthood report paints a dark picture of reproductive rights if Kavanaugh is confirmed
By Jamil Smith
Oct 2, 2018
For at least as long as Brett Kavanaugh has been nominated for a Supreme Court seat, he has been justifiably considered to be a potential danger to reproductive freedom. Since he represents a possible fifth and decisive vote to overturn Roe v. Wade, Kavanaugh poses a threat to the future of legal and safe reproductive health care, including abortions. However, the focus around Kavanaugh’s confirmation has been primarily on the multiple sexual misconduct allegations against him dating back to his high school and undergraduate years.
Appalling though the accusations may be, I understand why conservatives may prefer to talk about this scandal and not abortion. A July survey conducted by NBC News and the Wall Street Journal indicated that 71 percent of American voters want Roe upheld. However, a more recent, surprising poll likely has the GOP’s attention: Only a slight majority of Americans polled by Quinnipiac after last Thursday’s hearings believe Christine Blasey Ford over Kavanaugh — 48 percent to 41, respectively.
Roe v Wade is 'precedent,' Kavanaugh says, but there's more to the future of abortion
By Joan Biskupic, CNN legal analyst & Supreme Court biographer
Thu September 6, 2018
Washington (CNN)Supreme Court nominee Brett Kavanaugh on Wednesday described Roe v. Wade's right to abortion as settled -- "important precedent" -- yet he has also narrowly interpreted when a woman can exercise that right.
His past views, reinforced by testimony before the Senate Judiciary Committee, suggest Kavanaugh would permit government to impose stricter regulation of abortion, for example, with additional requirements that could delay the procedure or in stiffer rules for physicians who would perform it.
Day 2: Judge Brett Kavanaugh Skirts Questions on Abortion
Kavanaugh vows to "follow Supreme Court precedent" — his record shows otherwise
Judge Brett Kavanaugh, on the second day of his confirmation hearing, repeatedly refused to answer questions about whether important cases on reproductive rights were correctly decided by the U.S. Supreme Court. He instead invoked “nominee precedent”—the notion that nominees cannot discuss issues that might come before them on the bench. When pressed by members of the Senate Judiciary Committee, Judge Kavanaugh only stated that, if confirmed, he would “follow Supreme Court precedent… whether I agree with it or disagree with it.” His record on reproductive rights, however, demonstrates otherwise.
Brett Kavanaugh could shatter the alliance between the GOP and the antiabortion movement
Overturning Roe v. Wade would leave little to unite Republicans and their longtime allies.
By Mary Ziegler
Brett M. Kavanaugh’s confirmation hearing is a triumphant moment for both the Republican Party and its social movement allies, especially antiabortion organizations. For years, these groups have built a strategic alliance with the GOP. This partnership centers on activists’ hope that Republican presidents would nominate Supreme Court justices who would overturn Roe v. Wade. After the first day of Kavanaugh’s hearings, the marriage between the Republican Party and the antiabortion movement seems closer than ever.
But if a post-Kavanaugh court overturns Roe, this alliance could fracture, costing the GOP the loyalty of antiabortion voters.
Life After Roe
We need to be clear about what is at stake with the nomination of Brett Kavanaugh.
By Lynn M. Paltrow
Sept. 1, 2018
In the post-Roe v. Wade world described by opponents of legal abortion — one they imagine Brett Kavanaugh will bring into being if he is confirmed to the Supreme Court — abortions will be outlawed, but women won’t be arrested and they won’t be treated like criminals. According to this mythology, women were never arrested for having abortions before Roe, and therefore we can count on the same being true after the constitutional protection for abortion is overturned. This is the story they tell, but it is not true.
As the Senate begins confirmation hearings this week on Judge Kavanaugh’s nomination, it is especially important to refute the skewed vision presented by those who want to see Roe overturned. Let’s begin by looking at a pre-Roe arrest — and then at the way the legal system has dealt with women even with Roe as the law of the land.