President Joe Biden’s reelection campaign is promising to impose an outcome-based litmus test on the Supreme Court and to establish abortion until birth as a constitutional right.
UP FOR DEBATE: WHERE TRUMP, DESANTIS, AND REST OF REPUBLICAN 2024 FIELD STAND ON KEY ISSUES
First, consider what it would mean, policy-wise, to “bring back Roe.” Thankfully, Planned Parenthood v. Casey and other cases trimmed Roe, allowing some restriction on abortion before Dobbs v. Jackson Women's Health Organization finally struck down the law. Roe v. Wade in 1973 said that a state could not provide even the slightest regulation of abortion. Parental notification? Nope. Health regulations to protect the mother? Unconstitutional under Roe.
Only in the second trimester of pregnancy, under Roe, were states allowed to create regulations to protect maternal health. But protecting the unborn, or ensuring informed consent, was not permitted. That meant that a baby in the seventh month of pregnancy could be aborted for any reason whatsoever — because she was a girl, for instance.
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