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


USA – Lawmakers Are Trying to Hold Crisis Pregnancy Centers to Account

Post-Dobbs, the GOP has given them millions in taxpayer dollars.

Laura C. Morel, Mother Jones
April 10, 2025

Last month, during an Indiana state legislative hearing, Republican Sen. Jeff Raatz from Richmond, a small city in the eastern part of the state, discussed a resolution he filed declaring that the state’s General Assembly “strongly supports pregnancy care centers in their unique, positive contributions to the individual lives of women, men, and babies—both born and unborn,” the Indiana Capital Chronicle reported. “We have hospitals in rural Indiana that have no OB-GYNs,” Raatz said during the session. “Why not have an innocent individual stand alongside someone and help them make decisions and connect them with resources?” Abortion is banned in Indiana with limited exceptions.

Continued: https://www.motherjones.com/politics/2025/04/lawmakers-are-trying-to-hold-crisis-pregnancy-centers-to-account/


A new Texas bill is coming after online abortion pills

The 43-page measure, introduced Friday, may be the most meaningful attempt this year to block the ordering and mailing of medication abortion.

March 14, 2025

Republican state legislators unveiled a new effort on Friday to derail the health care network that has helped people in Texas continue accessing abortion years after the Lone Star State banned the procedure.

The 43-page bill targets tech companies that allow patients to order abortion pills online and nonprofit funds that help them travel out of state for care and gives new power to the state’s attorney general to prosecute abortion providers. Introduced by influential state legislators in the state’s House and Senate and backed by Texas Right to Life, a leading anti-abortion group, this is the most sweeping abortion bill introduced in the state since the fall of Roe v. Wade almost three years ago.

Continued: https://19thnews.org/2025/03/texas-bill-abortion-pills/


Anti-abortion groups claim they don’t want to punish women. New lawsuits say otherwise.

Lawsuits by multiple red states push to allow employers to penalize women who take time off to seek an abortion or deal with related medical complications.

Feb. 26, 2025
By Mary Ziegler, professor at the UC Davis School of Law

The antiabortion movement is grappling with an internal divide about whether women should be punished for abortion, as a growing number of state legislatures consider personhood bills authorizing the punishment of abortion seekers. But an ongoing struggle to deny accommodations for pregnant workers shows the two sides in this civil war might not be so far apart. Both groups seem to agree employers should be allowed to penalize workers who get abortions.

Well before the Supreme Court reversed Roe v. Wade, the nation’s most powerful antiabortion groups denounced the idea of punishing women for abortion. When then-candidate Donald Trump said in 2016 that women deserved “some form of punishment” for abortion, leading antiabortion activists lambasted him. Movement leaders stressed that prosecutors had rarely targeted women in the years before Roe and pledged that nothing would change when abortion was once again a crime. The bans implemented after the Dobbs ruling, such as the trigger laws that went into effect immediately after Roe’s demise, often contained exemptions for pregnant patients.

Continued: https://www.msnbc.com/opinion/msnbc-opinion/abortion-pregnant-workers-state-lawsuits-texas-rcna193892


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


New Research Finds Potential Alternative to Abortion Pill Mifepristone

The research could further complicate the polarized politics of abortion because the drug in the study is the key ingredient in a pill used for emergency contraception.

By Pam Belluck and Emily Bazelon
Jan. 23, 2025

A new study suggests a possible alternative to the abortion pill mifepristone, a drug that continues to be a target of lawsuits and legislation from abortion opponents.

But the potential substitute could further complicate the politics of reproductive health because it is also the key ingredient in a contraceptive morning-after pill.

Continued: https://www.nytimes.com/2025/01/23/health/abortion-pill-ella.html


Abortion pills by mail surge despite Texas’ bans. How long can it last? | Opinion

Bridget Grumet, Austin American-Statesman
Jan 16 , 2025

NEWARK, DELAWARE — The large cardboard box in Debra Lynch’s living room contained enough pills for 162 medication abortions. Last summer, such a shipment would last a month. Then she needed to reorder every two weeks. Now she goes through a box like this every week.

“We’re mailing a lot to Texas,” said Jay Lynch, who handles most of the packaging and postage for Her Safe Harbor, an abortion-drug-by-mail service spearheaded by his wife.
Joe Pojman, the founder and executive director of the Texas Alliance for Life
Continued: https://www.statesman.com/story/opinion/columns/2025/01/16/abortion-pill-texas-ban-law-mifepristone-misoprostol-plan-c-pills/77332833007/


USA – Experts explain how abortion ban exceptions for rape and incest are inaccessible in practice

By Lauren Mascarenhas, CNN
Sat October 19, 2024

“When I was 5, I began getting sexually abused by my stepfather, and he got me pregnant when I was 12,” Hadley Duvall says in a new campaign ad released by Vice President Kamala Harris Thursday.

Duvall, a rape survivor turned reproductive rights advocate, has been featured in several high-profile campaign ads and spoke at the 2024 Democratic National Convention. She has recounted the harrowing pattern of abuse that resulted in her pregnancy as a child in Kentucky, and the options she had about what to do with that pregnancy.

Continued: https://www.cnn.com/2024/10/19/us/abortion-ban-states-rape-exception/index.html


The GOP’s New Tactic to Block Abortion Votes Is Startlingly Successful

By Mary Ziegler
Sept 12, 2024

Conservatives have once again turned to the courts to keep people from voting on reproductive rights. Missouri and Nebraska were set to be among the 10 states where voters will weigh in directly on abortion rights, but anti-abortion groups have gone to court to block either one from moving forward. The conservative Missouri Supreme Court rejected this gambit earlier this week, while a ruling from the Nebraska Supreme Court is expected soon. But whatever happens, it’s worth paying attention to the strategy in these cases: a kind of heads-I-win-tails-you-lose plan that either blocks voters from deciding about abortion rights or confuses the electorate about what is being decided.

A group of anti-abortion advocates and lawmakers had sued Missouri Attorney General Jay Ashcroft for having certified the ballot measure. Nebraska’s high court is considering two suits, one filed by a neonatologist opposed to abortion, a second by an Omaha resident.

Continued: https://slate.com/news-and-politics/2024/09/gop-blocks-abortion-votes-missouri-nebraska.html


Harris was strongest at debate when talking about abortion while Trump relied on tired old lies

Carter Sherman
Wed 11 Sep 2024

Throughout his 2024 campaign for president, Donald Trump has avoided giving straight, consistent or accurate answers to questions about abortion – and in his first debate appearance against Kamala Harris, Trump kept up that streak.

Moderators introduced abortion, one of the biggest issues in the election, by asking about the most recent example of Trump’s incoherence on the topic: his position on a Florida ballot measure that would enshrine abortion rights into the state’s constitution. Over the last few weeks, Trump initially suggested that he would vote in favor of the measure – which would restore abortion rights in a state that has banned the procedure past six weeks of pregnancy – before quickly backtracking amid outrage from his anti-abortion base.

Continued: https://www.theguardian.com/us-news/2024/sep/11/abortion-harris-trump-debate