5: Abortion Law and the Rise of Regulation
Description
In this episode, we begin by acknowledging that abortion was returned to the states on June 24, 2022, with the Supreme Court decision in Dobbs v. Jackson. This meant that state laws banning abortion could no longer be overturned on the grounds they violate a woman’s Constitutional right of privacy. Whether laws that restrict abortion are acceptable is to be addressed democratically by the people.
Next, we discuss the fact that there are seven types of restrictions states can enact, related to costs, delays, availability, and consent. So, even though one has a “right” to something, it’s another thing to be able to exercise that “right.” While women theoretically have had a right to choose to terminate a pre-viability pregnancy, regulations, including public funding bans, have certainly burdened access to that right.
We close out with a preview of the next episode where we’ll illustrate “regulation in action” by dissecting Pennsylvania’s Abortion Control Act, which has been the subject of not just one, but three Supreme Court decisions, including the famous 1992 decision - Planned Parenthood v. Casey.
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