By Emma Green - July 24, 2022
***Now that conservatives have won, the legal work begins. One effect of Roe and Casey was to make abortion-related policy and scholarship feel somewhat low-stakes. Conservative legislators could introduce any bill they wanted, knowing it would eventually be struck down by the courts. Scholars could make any theoretical argument they wanted, knowing that Roe’s viability standard would ultimately guide abortion jurisprudence. But, in post-Roe America, “the legal nerd in me is intrigued by the very difficult and mostly unsettled legal questions about the kinds of policies that states are likely to pursue,” [Notre Dame Law professor] Girgis said. Can Texas stop its residents from travelling to another state to obtain an abortion? Can Mississippi ban abortion drugs, even when they’re approved by the Food and Drug Administration? Can the federal government limit or expand abortion access without an act of Congress? These questions have taken on “a new practical urgency, and there’s not a ton of law on some of them,” Girgis said. “That combination is exciting for me. Because it means that your expertise is both needed and practically relevant.”
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