How America’s Two Abortion Realities Are Clashing
When the Supreme Court overturned Roe v. Wade, it scrambled the landscape of abortion access in America, including in ways that one might not entirely expect. Many conservative states made the procedure essentially illegal — that part was predictable. But there’s also been this striking backlash in blue states, with many of them making historic efforts to expand abortion access, for both their residents and for women living in abortion-restricted states.
And this has created all kinds of new battle lines — between states, and states and the federal government — involving travel, speech, privacy and executive power. It’s an explosion of conflicts and constitutional questions that the legal historian Mary Ziegler says has no parallel in modern times. She’s the author of six books on reproductive rights in America, including “Roe: The History of a National Obsession,” and the Martin Luther King Jr. professor of law at the University of California, Davis. “We’re seeing, from conservative and progressive states, moves to project power outside of their borders in ways we really haven’t seen in a really long time,” she told me.
In this conversation, Ziegler explains the bifurcated abortion landscape that has emerged since the decision in Dobbs v. Jackson Women’s Health Organization overturned Roe. We discuss the different political and legal strategies conservative and progressive states are using to pursue their opposing goals; why the abortion rate has gone up, even as 14 states have implemented near-total bans on abortion; and how a second Trump administration could try to restrict access to abortion for all Americans, no matter what states they live in.