Opinion | Jill Filipovic: 'Pro-lifers think they now have the Supreme Court votes to overturn Roe v. Wade. And they're setting up the legal fights to get there.' - NBCNewsTHINK
have put these laws before their legislatures, even though they are flatly unconstitutional and illegal. Ohio, Mississippi and Kentucky have made them law; Georgia is soon to follow. Because they violate Roe v. Wade, none of these laws are actually in effect. But they are being litigated up the chain, wasting a plethora of resources on what should be settled law.
For example, they passed laws mandating parental consent or notification for an abortion, on the grounds that minors are too immature to decide for themselves to end a pregnancy — never mind that without an abortion, those allegedly too-immature minors would be forced to be parents.
These waiting periods, as well as the bars on Medicaid and even some insurance program coverage of abortion, have the effect of pushing abortion procedures later and later into pregnancy. Anti-abortion groups and politicians know that, and have used that knowledge to inform their legislative strategy. In states across the nation, they have tried to outlaw abortion after a certain number of weeks, often passing laws that would bar or seriously limit second-trimester procedures.
That was all bad enough. But now, anti-abortion groups have moved into a new era of activism. Previously, there wasn’t much of a point in directly challenging Roe, because it was a non-starter; the votes weren’t there on the Supreme Court to overturn it. The best these groups and their representatives in the Republican Party could hope for was a landscape so hostile to abortion rights that safe, legal procedures were simply out of reach for many women. That much — sadly — they have achieved.
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