PanamaTimes

Friday, Jul 26, 2024

U.S. abortion fight in 2023 to focus on state laws, medication

U.S. abortion fight in 2023 to focus on state laws, medication

Six months after the U.S. Supreme Court overturned its 1973 Roe v. Wade ruling, the state of abortion rights around the country remains unsettled, thanks to a patchwork of lawsuits in state courts and emergency court orders.

Experts predict that the uncertainty will continue in the coming year, as cases wend their way through courts, and state legislatures consider new restrictions, potentially drawing new battle lines in the fight over abortion rights.

About half of all states are ultimately expected to adopt new abortion restrictions in the wake of the Supreme Court's June ruling on Dobbs v. Jackson Women's Health.


WHY IT MATTERS


Since Dobbs, more than 20 million women of childbearing age have lost access to abortion, according to an October report from the Guttmacher Institute.

The litigation has resulted in chaos for abortion providers and patients, according to people involved in the lawsuits and legal experts. In state after state, courts have issued emergency orders blocking the new bans while lawsuits unfold, only to be reversed weeks or even days later on appeal.

"On a day-to-day basis for people who are trying to provide abortions and people who are trying to get abortions it can be very complex," said Kimberly Mutcherson, a professor and co-dean at Rutgers Law School who focuses on reproductive rights issues.

Among the 18 states where new, or newly enforceable, abortion bans have been challenged since Dobbs, restrictions have been blocked pending further review in eight states - including by top courts in some deeply conservative states like Indiana and South Carolina.


WHAT DOES THIS MEAN FOR 2023?


No one expects all of the confusion to be resolved in 2023. But the state-by-state fight over abortion will move into a new phase, potentially providing long-awaited certainty on some issues while opening new battlefronts on others.

First, many of the currently pending lawsuits will move past their initial, emergency phase and onto final resolution in states' highest courts, providing clarity at least in some states.

Mutcherson said that while the emergency orders blocking some states' bans could be a "good sign" for abortion providers, it does not necessarily mean they would ultimately win. Courts could also simply be exercising caution while they confront new legal issues, she said.

"Part of what states have to do now, which they haven't had to do before because of this federal right (under Roe), is they have to think more deeply" about what their constitutions say about abortion, she said.

Thus far, most of the successful challenges, at the emergency order stage, have relied on explicit language in state constitutions guaranteeing a right to privacy or equal rights specifically for women, both absent from the federal constitution.

Several conservative state legislatures will meet in 2023 for the first time since Dobbs. They could pass not only new abortion bans, but other kinds of laws aimed at penalizing people or companies that help women get abortions - for example, by funding or helping women travel to states where the procedure is legal, or publishing information online.

"I think we will see a lot of new and creative kinds of legislation, things I have not even contemplated," said Katie Glenn, state policy director at the anti-abortion group Susan B. Anthony Pro-Life America.

Medication abortion has already become a battlefront, with anti-abortion groups filing a lawsuit seeking to pull one of the drugs used in the procedure from the market.

The battle over medication abortion, which accounts for more than half of abortions in the United States, is likely to expand in the coming year. Demand surged for shipments of abortion pills from overseas in the wake of Dobbs, and conservative states could pass laws aimed at cracking down on such shipments.

There are signs that the politics of abortion have shifted since Dobbs. While Republicans have historically campaigned on the issue, Democrats embraced it ahead of their unexpectedly strong performance in November's midterm elections, portraying their opponents' abortion measures as extreme.

Voters in Kansas and Kentucky also this year voted down anti-abortion ballot measures, and South Carolina's legislature failed to pass a near-total abortion ban in a special session last month - all suggesting that the most stringent abortion measures may face political headwinds even in conservative states.

Explore the Reuters round-up of news stories that dominated the year, and the outlook for 2023.

Newsletter

Related Articles

PanamaTimes
0:00
0:00
Close
Mexican Drug Lords El Mayo and El Chapo's Son Arrested in Texas
World's Hottest Day Recorded on July 21
Joe Biden Withdraws from 2024 US Presidential Race
A Week of Turmoil: Key Moments in US Politics
Global IT Outage Sparks Major Concerns
Global IT Outage Unveils Digital Vulnerabilities
Secret Service Criticized for Lack of Sniper Protection During Trump Shooting
Colombian Court Annuls Amazon Tribes’ Carbon Credit Deal
Sunita Williams Safe on ISS, to Address Earth on July 10
Biden Affirms Commitment To Presidential Race
Boeing Pleads Guilty Over 737 MAX Crashes
Beryl Storm Hits Texas, Killing 2 and Causing Major Power Outages
2024 Predicted to Be World's Hottest Year
Macron Faces New Political Challenges Despite Election Relief
Florida Man Arrested Over Attempt to Withdraw One Cent
Anger mounts at Biden’s top team after disastrous debate
Bolivian President Luis Arce Denies 'Self-Coup' Allegations
Steve Bannon Begins 4-Month Prison Sentence
Biden Warns of 'Dangerous Precedent' After Supreme Court Immunity Ruling in Trump Case
Elon Musk Accuses Kamala Harris of Misleading Post on Trump's Abortion Stance
Hunter Biden Sues Fox News Over 'Revenge Porn' Allegations
New York Times Editorial Board Urges Biden to Exit Presidential Race
US Supreme Court Overturns Obstruction Charges Against January 6 Rioters
US Voters Prefer Biden's Democracy Approach, Trump's Economy Plan: Report
Attempted Coup in Bolivia: President Urges Public Mobilization
Top-Secret US Underwater Drone 'Manta Ray' Revealed on Google Maps
United States Bans Kaspersky Antivirus
Inside El Salvador’s 40,000 Inmate Mega-Prison
Toyota, Mazda, Honda, and Suzuki have committed fraud; falsified safety test results
El Salvador's Bitcoin Holdings Reach $350 Million
Teens Forming Friendships with AI Chatbots
WhatsApp Rolls Out Major Redesign
Neuralink's First Brain Implant Experiences Issue
Apple Unveils New iPad Pro with M4 Chip, Misleading AI Claims
OpenAI to Announce Google Search Competitor
Apple Apologizes for Controversial iPad Pro Ad Featuring Instrument Destruction
German politician of the AFD party, Marie-Thérèse Kaiser was just convicted & fined $6,000+
Changpeng Zhao Sentenced to Four Months in Jail
Biden Administration to Relax Marijuana Regulations
101-Year-Old Woman Mistaken for a Baby by American Airlines: Comical Mix-Up during Flight Check-in
King Charles and Camilla enjoying the Inuit voice singing performance in Canada.
New Study: Vaping May Lower Fertility in Women Trying to Get Pregnant
U.S. DOJ Seeks Three-Year Sentence for Binance Founder Changpeng Zhao
Headlines - Thursday, 23 April 2024
Illinois Woman Wins $45M Lawsuit Against Johnson & Johnson and Kenvue for Mesothelioma Linked to Baby Powder
Panama's lates news for Friday, April 19
Creative menu of a Pizza restaurant..
You can be a very successful player, but a player with character is another level!
Experience the Future of Dining: My Visit to an AI-Powered Burger Joint
Stabbing rampage terror attack in Sydney, at least four people killed, early reports that a baby was among those stabbed.
×