In 2017 alone, anti-choice activists introduced hundreds of anti-abortion bills. It looks like 2018 might be even worse. It’s easy to dismiss some of the more draconian regulations as absurd or illegal. But anti-choicers aren’t stupid. The apparently unconstitutional nature of these laws is exactly the point. Constitutionally questionable legislation has a much better chance of making its way to friendly state Supreme Courts. Ultimately, anti-choice legislation could end up in the U.S. Supreme Court. The far right hopes that, under Donald Trump, the Court will eventually shift far to the right.
Theoretically, then, any apparently illegal abortion restriction could eventually sound the death knell for abortion rights. Suing to kill the law could even make things worse, by sending legislation to a hostile Supreme Court. It’s a catch-22 for choice activists. Here are four new anti-choice laws to watch.
Utah’s Proposed Down Syndrome Abortion Prohibition
Legislators in Utah are lobbying hard for a bill that would prohibit women from receiving an abortion solely because the fetus has or might have Down syndrome. The bill has garnered some support from disability activists concerned about discrimination against people with developmental differences.
Yet the bill puts doctors in an untenable position that could eventually be used to further scale back abortion rights. If the legislation passes, doctors would have to ask women why they’re seeking an abortion—essentially forcing women to justify their abortions. Because the bill provides no guidance about what it means to seek an abortion “solely” because a fetus has Down syndrome, it would be up to the doctor to decide whether a woman’s motivation for her abortion is reasonable.
Mississippi Passes Nation’s Most Restrictive Abortion Bill
The Mississippi Senate this week passed a version of an abortion restriction originally passed in the state’s House. The bill would ban all abortions after 15 weeks gestation, with no exceptions for rape or incest. The bill now returns to the House for a procedural vote. The governor says he will sign the bill if it comes to his desk. The only abortion clinic in Mississippi has already promised to sue.
Iowa’s ‘Fetal Heartbeat’ Law
Iowa’s Senate last week approved legislation that would ban abortion as soon as a fetal heartbeat can be detected. This varies from woman to woman, but can be as early as 5-6 weeks. Most women don’t learn they are pregnant until 4-6 weeks.
Indiana’s Abortion Complication Law
Legislation that would require abortion clinics to report abortion-related complications may soon be signed by Indiana’s governor. At first blush, it might seem reasonable to track abortion complications. But the legislation lists 26 specific complications, some of which may have nothing at all to do with a woman’s abortion. Those include anxiety and sleep issues. There’s no rule that providers of other medical procedures must report “complications” that may be unrelated to the original procedure.