cover of episode Abortion Access Gains in Red America (with Kate Shaw)

Abortion Access Gains in Red America (with Kate Shaw)

2024/11/11
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Stay Tuned with Preet

Key Insights

Why were abortion protection measures on the ballot in multiple states this year?

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.

How did abortion rights fare in the states that had measures on the ballot?

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.

What does the Missouri ballot measure victory mean for abortion rights in the state?

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.

Could a federal abortion ban override state-level protections like those in Missouri?

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.

What are the potential threats to abortion access under a second Trump presidency?

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.

What is the significance of the Dobbs decision for IVF and other reproductive rights?

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.

What is the outlook for abortion rights and reproductive rights over the next four years under a Trump presidency?

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.

Chapters

The discussion begins with the direct impact of the Dobbs decision on states' abilities to regulate abortion, leading to numerous ballot measures in various states to either restrict or protect abortion rights.
  • Dobbs decision removed federal constitutional protections for abortion, allowing states to regulate it.
  • Several states quickly responded by putting abortion measures on the ballot.
  • Abortion rights fared well in many states, with measures to protect abortion passing in several.

Shownotes Transcript

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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