The Dobbs decision overturned Roe v. Wade, removing federal constitutional protections for abortion, allowing states to regulate or ban it. This led to ballot measures in various states to either restrict or protect abortion rights.
Abortion rights measures succeeded in seven out of ten states, with notable wins in conservative states like Missouri and Florida, despite these states voting for Trump.
Missouri now has comprehensive abortion protections up to the point of fetal viability, similar to states like New York, despite being a traditionally conservative state.
Yes, federal law supersedes state law. If Congress passes a federal abortion ban, it would override state constitutional protections, including those recently adopted in Missouri.
Potential threats include the enforcement of the Comstock Act to target abortion pill distribution and possible FDA actions to reverse the approval of abortion pills, which could severely limit access even in states with protections.
Dobbs removed constitutional protections for reproductive autonomy, raising concerns that states could potentially restrict or ban IVF and other reproductive technologies, as the legal framework that once protected these rights has been dismantled.
While there are glimmers of hope from state ballot measures, the future remains uncertain. Federal actions could still undermine state-level protections, and the patchwork of state laws will likely continue, with some states restricting and others protecting abortion rights.
In this year’s election, abortion protection measures were on the ballot in ten different states. While they succeeded in seven, they failed in three. So where does that leave the future of abortion access? This week, Preet speaks with University of Pennsylvania constitutional law professor and co-host of Strict Scrutiny Kate Shaw. They break down the most notable ballot measures and what abortion rights may look like under a second Trump presidency.
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