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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Kate Shaw: 本期节目讨论了美国各州就堕胎权利进行的公投结果。在10个州的公投中,7个州投票支持保留或扩大堕胎权利,这表明即使在通常被认为是保守的州,也存在对堕胎权利的支持。Shaw 指出,Dobbs 案取消了 Roe v. Wade 案,使得各州对堕胎的管制权不受宪法限制,从而引发了各州就堕胎问题进行公投的运动。她分析了佛罗里达州和密苏里州的公投结果,指出即使在特朗普获胜的州,也存在相当一部分选民支持堕胎权利。她认为,选民可能将对生殖权利的看法与其他政治观点区分开来,并且特朗普在竞选期间对堕胎问题的立场也可能影响了选民的投票选择。Shaw 还强调,州一级的堕胎保护措施无法对抗联邦层面的堕胎禁令,因为联邦法律具有优先效力。她还讨论了州宪法修正案的稳定性问题,指出州宪法修正案可以被推翻,但一些州有机制确保宪法修正案的稳定性。Shaw 还分析了特朗普政府可能通过不立法的方式限制堕胎,例如执行《1873年康斯托克法案》或通过食品药品监督管理局(FDA)来限制堕胎药物米非司酮的使用。她认为,即使在堕胎合法的州,这些措施也可能对堕胎准入造成影响。最后,Shaw 讨论了此次公投对其他州的影响,并预测未来四年堕胎权利的走向将取决于多个因素,包括州一级公投结果和联邦政府的行动。 Preet Bharara: Preet Bharara 作为主持人,引导 Kate Shaw 讨论了美国各州就堕胎权利进行的公投结果,以及这些结果对未来堕胎准入权的影响,特别是对特朗普再次当选总统后的影响。他提出了关于公投结果、州与联邦法律冲突、以及特朗普政府可能采取的行动等一系列问题,并与 Shaw 展开了深入探讨。他特别关注了密苏里州和佛罗里达州的公投结果,以及这些结果可能反映出的选民的政治观点和优先级。他还询问了关于 Dobbs 案与试管婴儿(IVF)之间关系的问题,以及未来四年堕胎权利的走向。

Deep Dive

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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