The Abortion Debate After Dobbs

The abortion debate is more complex after the Dobbs decision. Women with life-threatening health conditions are being denied access to medical care and Republicans are seeking new restrictions on reproductive rights. Democrats need to do more than just assert support for abortion. They must outline how repeal of abortion has endangered the health of many women, the new legal threats to reproductive rights, and the steps they want to take going forward.

The abortion debate is more complex after the Dobbs decision. Women with life-threatening health conditions are being denied access to medical care and Republicans are seeking new restrictions on reproductive rights.  Democrats need to do more than just assert support for abortion.  They must outline how repeal of abortion has endangered the health of many women, the new legal threats to reproductive rights, and the steps they want to take going forward.

Introduction:  

In the recent State of the Union Address President Biden called for Congress to pass legislation that would reinstate the abortion rules under Roe v. Wade.  This is unlikely to happen in the new Congress because Democrats lack control of the House and are unable or unwilling to break a filibuster in the Senate. 

President Biden did not outline the impact of the Dobbs decision on women’s health and the new Republican initiatives to further restrict reproductive rights.  The complex post-Dobbs abortion debate deserves a more complete or robust response.

Abortion Issues After Dobbs:

Issue One:  Women are not receiving necessary health care, when their life is in danger, or they have a miscarriage.

There are many examples of women who nearly died or had suffered from lack of access to medical care because of new abortion laws.

Here are links to some articles on women being denied access to adequate medical care because of laws restricting access to abortion.

https://www.yahoo.com/now/ohio-woman-denied-emergency-abortion-014000108.html

https://www.cnn.com/2023/02/08/health/ohio-abortion-long/index.html

https://www.independent.co.uk/news/world/americas/idaho-woman-abortion-ban-treatment-b2254982.html

https://www.cnn.com/2022/11/16/health/abortion-texas-sepsis/index.html

https://khn.org/news/article/bleeding-and-in-pain-a-pregnant-woman-in-louisiana-couldnt-get-answers/

https://slate.com/news-and-politics/2022/05/roe-dobbs-abortion-ban-reproductive-medicine-alabama.html

Issue Two:  There is a lot of litigation involving restrictions of mifepristone, a medicine that provides an abortion early in a woman’s pregnancy.  These cases could easily end up at the Supreme Court.

Here are some articles on these cases.

https://www.cnbc.com/2023/02/10/abortion-pill-judge-extends-deadline-in-lawsuit-seeking-to-pull-medication-from-us.html

https://www.cnbc.com/2023/02/02/gop-attorneys-general-warn-cvs-walgreens-against-mailing-abortion-pill-in-their-states.html

https://www.cnbc.com/2023/01/25/abortion-pill-genbiopro-sues-west-virginia-argues-fda-pre-empts-state-ban.html

Issue Three:  States are considering banning inter-state travel to obtain an abortion.

Issue Four:  Many prosecutors are refusing to prosecute women or providers who violate state abortion laws.  Some governors and legislators want to eliminate prosecutorial discretion and remove some duly elected pro-choice prosecutors.

Here are some articles:

https://www.vera.org/news/the-prosecutors-refusing-to-criminalize-abortion

https://www.politico.com/news/2022/06/26/blue-city-prosecutors-in-red-states-vow-not-to-press-charges-over-abortions-00042415

https://www.bloomberg.com/news/articles/2023-01-20/desantis-wins-battle-with-prosecutor-ousted-for-abortion-stance

Concluding thoughts:  The Democrats need to do a lot more than assert they want to restore Roe.  Democrats need to react the threats and anguish that exist in the world because of Dobbs.   

A political advertisement that says “my opponent opposes abortion so vote for me” is not enough.  Democrats, to be successful, need to discuss the way that Roe is creating misery, how things could get even worse, and outline the actions they are taking on each aspect of the abortion debate.

David Bernstein is the author of A 2024 Health Care Reform Proposal on Kindle and on Sell Wire.  Also, this manuscript on long term care insurance, while a bit dated, provides a valuable perspective that differs from the insurance industry line.