Does a Fetus Have Constitutional Rights?

“Personhood,” by Mary Ziegler, is a field guide to the seemingly boundless tactical resourcefulness of the anti-abortion movement.

By Margaret Talbot
April 14, 2025

In the first two years after the Supreme Court eliminated the constitutional right to abortion, the number of abortions performed annually in the United States went up. On the face of it, this might seem perplexing. After all, many states seized the opportunity presented by the Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization to enact daunting new restrictions on abortion: twelve adopted near-total bans, and four more imposed gestational limits of six weeks, a point at which many people may not yet realize they are pregnant. Yet, suddenly, the U.S. was seeing an increase in abortions—from about nine hundred and thirty thousand in 2020 to more than a million in 2023. The best explanation for this apparent paradox was that providers and activists in states where abortion was still accessible devoted considerable energy and resources into making it more so. This was especially true for medication abortions provided via telehealth. In December, 2021, the F.D.A. had lifted its requirement that mifepristone be prescribed in person; the number of virtual clinics, which assess a patient’s eligibility online or by phone, and mail out the medications, proliferated.

Continued: https://www.newyorker.com/magazine/2025/04/21/personhood-mary-ziegler-book-review


Woman’s arrest after miscarriage in Georgia draws fear and anger

Experts say the arrest is part of a pattern of criminalizing pregnancy that has accelerated since the fall of Roe v. Wade.

April 5, 2025
By Bracey Harris

On March 20 in rural Georgia, an ambulance responded to an early morning 911 call about an unconscious, bleeding woman at an apartment. When first responders arrived, they determined that she’d had a miscarriage. That was only the start of her ordeal.

Selena Maria Chandler-Scott was transported to a hospital, but a witness reported that she had placed the fetal remains in a dumpster. When police investigated, they recovered the remains and Chandler-Scott was charged with concealing the death of another person and abandoning a dead body. The charges were ultimately dropped; an autopsy determined Chandler-Scott had had a “natural miscarriage“ at around 19 weeks and the fetus was nonviable.

Continued: https://www.nbcnews.com/news/us-news/georgia-arrest-miscarriage-fetal-personhood-rcna199400


USA – Anti-Abortion Activists See Their Moon-Shot Goal Within Reach

And we’re already experiencing the consequences.

By Mary Ziegler
Feb 14, 2025

In 2022 the Louisiana Legislature became the first to advance a bill to criminalize abortion seekers. While conservative states often punish women for pregnancy-related conduct, as the group Pregnancy Justice documents, jurisdictions that ban abortion have been careful to stress that they don’t punish women for abortion itself. And when Louisiana came close to doing that, the most powerful national anti-abortion organizations moved to kill the bill, arguing that the movement was united in viewing women as victims, not perpetrators, of abortion.

That might have been it: The movement’s powers that be had spoken, and the case was closed. But this legislative session has already seen a wave of bills authorizing the punishment of abortion patients, proposed by so-called abortion abolitionists, who argue that their bills are the only way for the anti-abortion movement to be logically consistent, as well as morally (and biblically) justified.

Continued; https://slate.com/news-and-politics/2025/02/anti-abortion-legislation-fetal-personhood.html


USA – Some states on track to restore abortion access, while others push for fetal rights in 2025

By: Sofia Resnick and Kelcie Moseley-Morris
January 2, 2025

Heading into the third year since Roe v. Wade was overturned, states will continue to introduce and consider legislation to expand or restrict access to reproductive health care and abortion as legislative sessions begin. In anticipation of President-elect Donald Trump’s return to the White House in January, states with broad reproductive rights protections have introduced bills to shield patients and doctors if the incoming Republican administration overturns protections implemented under President Joe Biden. States with strict bans, meanwhile, have started floating fetal personhood bans, abortion pill punishments and other restrictions.

Most legislatures will convene during the second week in January or later and adjourn midway through the year.

Continued: https://ncnewsline.com/2025/01/02/some-states-on-track-to-restore-abortion-access-while-others-push-for-fetal-rights-in-2025/


USA – The Insidious Legal Theory Behind the Abortion Rights Rollback

There’s an arcane concept from the 1700s that underpins the attack on reproductive rights: the idea that women are incapable of making their own decisions.

Matthew Wollin
October 14, 2024

After the Supreme Court handed down its decision in Dobbs, I was part of a legal team that challenged Ohio’s ban on abortion in court. A few months later, we had an initial victory: The restriction was preliminarily enjoined, and Ohio voters subsequently approved an amendment to the state constitution protecting reproductive rights via referendum.

Two things about the experience have stuck with me. First, the tension in the courtroom—one provider testified wearing a bulletproof vest, while an anti-abortion protester sat behind me, holding a model of a fetus in her hand throughout the proceedings. Second, no one was talking about the legal mechanism that actually underlay the entire debate: coverture.

Continued: https://newrepublic.com/article/185911/abortion-coverture-arcane-legal-theory


Post-Roe, pregnant women face growing risk of criminal prosecution for charges much broader than abortion

By Deidre McPhillips, CNN
Tue September 24, 2024

A fractured landscape of reproductive rights continues to evolve in the United States in the wake of the Supreme Court Dobbs decision that revoked the federal right to an abortion, and a new report suggests that pregnant women now face increased risk of criminal prosecution.

Between June 2022 and June 2023, there were more than 200 cases in which a pregnant person faced criminal charges for conduct associated with pregnancy, pregnancy loss or birth — the most cases recorded in a single year over decades of tracking, according to Pregnancy Justice, a nonprofit focused on the civil and human rights of pregnant people.

Continued: https://www.cnn.com/2024/09/24/health/criminal-charges-during-pregnancy-increase/index.html


USA – Project 2025 and Vance agree: “The Dobbs decision is just the beginning.”

Shawn Musgrave
July 17 2024

DONALD TRUMP HAS tried to distance himself from Project 2025, the conservative playbook for a new Trump administration penned by dozens of right-wing organizations — and especially its hard-line anti-abortion proposals.

In the lead-up to the Republican convention, many credulously lauded Trump for “softening” or “moderating” the GOP platform on the issue, despite the fact that the platform proposes fetuses and embryos already have full constitutional rights.

Continued: https://theintercept.com/2024/07/17/jd-vance-trump-project-2025/


What GOP’s European abortion example looks like in France

French law bans elective abortions after the first trimester but includes sweeping exceptions

By Ariel Cohen
July 3, 2024

PARIS — Since the Supreme Court overturned Roe v. Wade two years ago, Republicans on Capitol Hill and conservative justices have regularly cited European laws barring abortion after the first trimester of pregnancy to argue for similar policy in the United States.

Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. both cited European abortion limits in their opinions in the Dobbs v. Jackson Women’s Health Organization case. More recently, South Carolina Republican Sen. Lindsey Graham, who has called for a national ban on abortion after 15 weeks of gestation, told reporters on Capitol Hill that a first-trimester abortion limit would put the U.S. in line with other peer nations.

“Forty-seven of 50 European nations have national limits on abortion between 12 and 15 weeks,” Graham said in April after former President Donald Trump said he would leave abortion policies to the states. “This is the civilized world’s position.”

Continued: https://rollcall.com/2024/07/03/what-gops-european-abortion-example-looks-like-in-france/


USA – Abortion Ballot Measures Aren’t Safe From the Courts

People are understandably excited about statewide votes on abortion, but they could be gutted by a future Trump administration or by conservative judges.

By Susan Rinkunas 
June 6, 2024

There could be nearly a dozen constitutional amendments codifying the right to abortion on the ballot this fall—and some could even overturn active abortion bans, like in Florida, Missouri, and South Dakota.

But abortion ballot measures are not a magic fix: They don’t immediately undo bad laws, as evidenced by Ohio advocates having to file multiple lawsuits to challenge past restrictions, and they can’t bring back clinics that closed. And there’s one more vulnerability we’re not talking about: Pro-choice ballot measures aren’t safe from a future Trump administration, or the conservatives on the Supreme Court.

Continued: https://www.jezebel.com/abortion-ballot-measures-arent-safe-from-the-courts


The Six-Week Abortion Ban in Florida Is Only the Beginning

The history of these bans suggests they’re far from the anti-abortion movement’s endgame.

BY MARY ZIEGLER
MAY 01, 2024

Florida has long been a destination state for abortion-seekers in a region defined by sweeping criminal bans. And, despite being under Republican control, Florida had long been a place with one of the highest abortion rates in the nation. Yet this week, a six-week ban signed into law by Gov. Ron DeSantis in April 2023 is set to go into effect. Florida’s law will cut off access for a large number of patients, many of whom will have to travel as far as North Carolina and Virginia, where clinics have already reported long waiting periods and struggles to meet demand.

Six-week bans block a sizable share of abortions—as of 2021, nearly 60 percent of procedures in Florida occured after that point in pregnancy. But the history of six-week bans like Florida’s suggests that this will not be the stopping point for the anti-abortion movement. Six-week bans were designed to be a stopgap in the fight for fetal personhood.

Continued: https://slate.com/news-and-politics/2024/05/florida-six-week-abortion-ban-only-the-beginning.html