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America's second year after Dobbs will be even more contentious
By Haley Weiss
Health Reporter

 

 

It’s been a year since the power to determine abortion access was turned over to states by the Supreme Court. Since then, a new chapter of one of the country’s most heated fights has been playing out in 50 different ways, with some states passing legislation to protect the right to abortion; others effectively outlawing the procedure; and still others falling somewhere in between. As the country moves into its second year without the protections of Roe v. Wade, here are four of the key approaches anti-abortion activists are likely to prioritize:

  • Electoral maneuvering: Legal challenges brought directly to judges, like the Texas lawsuit seeking to overturn the U.S. Food and Drug Administration’s approval of the abortion medication mifepristone are likely to continue in the coming year, says Skye Perryman, president and CEO of Democracy Forward. Some conservative states are also making it more difficult for abortion-related measures to make it onto ballots.
  • Unorthodox legal strategies: Conservative groups are looking for loopholes and statutes in existing laws that could be applied to abortion supplies and providers. One such group, Students for Life of America, has filed petitions arguing that the medication used in abortions violate U.S. wastewater regulations.
  • Expanding conservative support networks: Crisis pregnancy centers, which are often run by Christian groups and typically work to prevent abortion rather than provide care, outnumber clinics that provide abortion three to one in the U.S. Documents from leading anti-abortion organizations have stressed their desire to spread the reach of these facilities and associated homes for new at-risk mothers.
  • Criminalization of pregnancy and reproductive care: 38 states currently allow prosecutors to charge pregnant women with a variety of crimes under fetal protection laws. Expect to see more headline-making cases of both pregnant women and providers being prosecuted by state attorneys general.

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Today's newsletter was written by Haley Weiss and edited by Oliver Staley.