Old Anti-abortion Laws Are Taking on Unintended Meanings

Even where the words remain the same, a shifting political culture has changed the impact of suddenly revived statutes.

By Daniel K. Williams
SEPTEMBER 20, 2022

Abortion opponents seem not to have expected some of the more draconian consequences of the Dobbs decision—that anti-abortion laws would prevent pregnant women who were not seeking abortions from receiving needed treatment for miscarriages, or that women facing dire medical complications from their pregnancies would not be able to get proper care. After all, the anti-abortion laws that were in force in the pre-Roe era before 1973 were almost never used to prosecute doctors treating miscarriages or providing lifesaving care to women, and all of the anti-abortion laws that went into effect this summer (including the one enacted in Indiana in August) specifically allow abortions in cases where they are necessary to save a pregnant person’s life. A National Review article published in late July insisted that no current state anti-abortion law prevents the treatment of miscarriages or ectopic pregnancies.

Continued: https://www.theatlantic.com/ideas/archive/2022/09/abortion-laws-pre-roe/671409/


State abortion policies have become more extreme — without Roe v. Wade, the divide could widen

If the Supreme Court overturns the 1973 precedent, the legality of abortion will be left to individual states. Many have already made their intentions clear.

By Daniela Santamariña
June 11, 2021

In May, the Supreme Court decided to review a restrictive Mississippi abortion law that provides a clear path to overturn or diminish Roe v. Wade. The justices will hear the case in October and are likely to deliver a decision in the first half of next year.

A few days after the court’s announcement, Texas Gov. Greg Abbott signed a bill banning abortions the moment a fetal heartbeat is detected, which can be as early as six weeks into a pregnancy. Together, these laws are the latest in a long line of challenges to abortion rights in the United States.

Continued: https://www.washingtonpost.com/politics/2021/06/11/abortion-rights-roe-v-wade/


USA – ‘I see a danger in returning to a pre-Roe world:’ Abortion advocates view coronavirus-era restrictions as a dark sign of what could come

'I see a danger in returning to a pre-Roe world:' Abortion advocates view coronavirus-era restrictions as a dark sign of what could come

Kayla Epstein
May 15, 2020

In non-pandemic times, obtaining an abortion already presented serious legal and logistical challenges for millions of women. For patients who live in certain states, getting care means enduring state-imposed waiting periods, submitting to unnecessary ultrasounds, or rushing to receive care before an arbitrary legal deadline. For patients who already have children, care must be arranged. Those without a car need a ride, especially if the nearest clinic is hours away. Some need flights to more accommodating states. And many, many need funds.

But women seeking abortions since the coronavirus outbreak began faced a new challenge — states' attempts to temporarily limit or ban abortion outright by deeming them "non-essential" procedures, under the pretext of preserving medical supplies for COVID-19 treatment. These restrictions collided with the travel and social distancing restrictions put in place to limit the spread of the virus, leading to an even more precarious situation for abortion care than the one already in place.

Continued: https://www.businessinsider.com/texas-arkansas-abortion-bans-coronavirus-advocates-fear-lack-of-access-2020-5


Using Anti-Choice Law to Criminalize Pregnancy Is Nothing New

Using Anti-Choice Law to Criminalize Pregnancy Is Nothing New
Six states have laws on the books making it a crime to self-induce an abortion or obtain one without the involvement of a medical professional.

May 14, 2019
Lynn Paltrow

For many years, my organization, National Advocates for Pregnant Women, has warned that anti-abortion measures and related fetal “personhood” laws would be used to criminalize pregnant women—and, indeed, they already are.

Those who had abortions have been targeted for criminal investigations, interrogations, arrests, convictions, and incarceration both before and after the U.S. Supreme Court ruled on Roe v. Wade. Nevertheless, for many people, the new abortion law passed in Georgia, which may open the door to arresting women, came as a surprise.

Continued: https://rewire.news/article/2019/05/14/anti-choice-law-criminalize-pregnancy/


Roe v. Wade is at risk, but abortion rights groups see surprising opportunities for gains

Roe v. Wade is at risk, but abortion rights groups see surprising opportunities for gains
The Kavanaugh confirmation battle has Americans ready to fight for abortion access, advocates say.

By Anna North
Jan 22, 2019

The most surprising thing about the abortion rights movement in 2019 is the optimism.

The potential deciding vote to overturn Roe v. Wade sits on the Supreme Court. A wave of strict anti-abortion laws are passing in states from Ohio to Mississippi. In the midst of a government shutdown, Republicans in Congress put forth a bill to shore up restrictions on federal funding for abortions (it failed).

Continued: https://www.vox.com/2019/1/22/18186582/abortion-roe-v-wade-anniversary-kavanaugh-2019


Life After Roe

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.

Continued: https://www.nytimes.com/2018/09/01/opinion/sunday/brett-kavanaugh-roe-abortion.html