For an alternate viewpoint, see “Point: Trump Didn’t Return Abortion to the States; It Was Already There.”
Donald Trump says that abortion policy should be left to the states, which, of course, means that if you’re in the wrong ZIP code, you’re out of luck.
That’s why it was so crucial for the Supreme Court to uphold the constitutional right to abortion in all 50 states in the Roe v. Wade decision and why it was so shocking when the Dobbs decision took it away.
When we talk about reproductive rights, we mean just that — there is a right to reproductive healthcare, like any other kind of care.
Our Constitution is meant to enshrine the fundamental rights that are the building blocks of our nation, the principles of “life, liberty, and the pursuit of happiness.” When the Supreme Court judges a right to be “constitutional,” that elevates the protection to the top tier.
You can’t put a check on a constitutional right. It’s absolute — all or nothing. That’s what makes it a right!
Regarding state policies toward a woman’s right to privacy, we can’t say that all states are equal, but some states are more equal than others. However, the Supreme Court’s Dobbs decision unleashed a scourge of states rushing to be first among unequals, erecting roadblocks, impediments and obstacles to numerous rights — including a woman’s right to privacy concerning her healthcare decisions.
The state of abortion rights in the United States is actually 50 states, but the map wasn’t drawn by Roe. While it’s not accurate to say Roe sent the responsibility for regulating abortion to the states, Roe did provide a framework for states to issue specific regulations based on how pregnancy advances through the trimesters.
States were forbidden to act in ways that pressured people about their decision whether to continue or end a pregnancy and these evidence-based regulations were far removed from the scientifically unsound tenets behind many of today’s state policies.
Roe didn’t start this ball rolling — it was Dobbs. That decision, along with the recent elections, fueled the drive for laws that have nothing to do with women’s health and everything to do with the power politicians still want to have over women’s lives.
As of today, 19 states have passed laws that ban or restrict abortion earlier in pregnancy than the standard set by Roe. Indiana, Oklahoma, South Carolina, Texas, Tennessee and Missouri are debating bills that would further restrict access.
It’s worth remembering that just months ago, Missouri voters approved adding the right to abortion and other reproductive care to the state’s constitution. Now, legislators in that state are looking for ways to redefine terms like “fetal viability” and restrict or repeal the amendment that passed in November.
Lawmakers in at least four states (Indiana, North Dakota, Oklahoma and South Carolina) have introduced bills that would change the legal definition of “homicide” to include abortion — paving the way for women who access abortion care to be charged with murder.
Indiana is considering three bills that would make it illegal to send abortion pills to individuals in the state, with one proposed law that would outlaw the possession of abortion pills altogether. Lawmakers in Oklahoma and Tennessee are also working to ban people from mailing abortion pills. Tennessee’s law would even put them on the hook for fines up to $5 million if those pills were used in an abortion.
Meanwhile, we have “blue fortress” states rushing to join the 10 states that have approved constitutional amendments protecting abortion rights codifying Roe v. Wade and passing other laws seeking to build guardrails against what’s coming from Washington.
Roe may not have caused states to regulate abortion, but it certainly sparked some conversations we’re all still having. Those debates are about to get very heated in some states; in others, they’re yet to begin.
Dobbs opened a Pandora’s Box of state laws and court challenges unlike anything caused by the initial effect of Roe. Can we restore order and protect women’s health? Or will we see more bans and restrictions? It may be up to the states.
