What’s It Like to Be a Red-State Abortion Doctor Post-Roe?
Deconstructed
The Intercept
4.8 • 4.7K Ratings
🗓️ 26 August 2022
⏱️ 29 minutes
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Summary
The Supreme Court’s decision to strike down the precedents set by Roe v. Wade and Planned Parenthood v. Casey, which established the right to abortion in the U.S., has created a chaotic legal situation as conservative states rush to ban the procedure. On this week’s show, Vanessa A. Bee talks with Idaho physician Caitlin Gustafson, an advocate with Physicians for Reproductive Health, and University of Pittsburgh Law School professor Greer Donley about the future of abortion in red-state America.
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Transcript
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| 0:00.0 | Welcome to Deconstructed. I'm Vanessa A.B., author of the memoir Homebound, filling in this |
| 0:14.2 | suite for Ryan Grimm. This has been a tumultuous summer for reproductive rights. Five decades |
| 0:20.4 | after the Supreme Court ruled that our constitutional right to liberty and privacy includes the |
| 0:26.1 | right to abortion, they overturned the landmark case of Roe v. Wade and concluded that in fact, |
| 0:31.9 | the Constitution does not protect the right to terminate a pregnancy. The decision was not exactly |
| 0:38.3 | a surprise. Just a few months earlier, in May 2022, a shocking leak to Politico revealed the |
| 0:44.6 | majority was planning to do away with Roe, but this was a long time coming. For years, conservative |
| 0:50.5 | state legislatures have passed laws to limit abortion, imposing waiting periods, notification |
| 0:56.5 | requirements, and banning common methods of termination. The Supreme Court struck down some of |
| 1:02.4 | these, but it upheld enough to chip away at the right to abortion and emboldened the anti-choice |
| 1:07.8 | movement. Still, Roe established a right to an abortion well into the second trimester, |
| 1:13.5 | up to around 23 weeks. In a 1992 case, Planned Parenthood v. Casey prohibited states from passing |
| 1:21.1 | laws that placed, quote, substantial obstacles in the path of a woman seeking an abortion of a |
| 1:27.2 | non-viable fetus. Those rulings were still in effect when the Supreme Court agreed to hear |
| 1:33.2 | dobs v. Jackson Women's Health Organization, which challenged Mississippi's ban on abortions |
| 1:39.2 | after 15 weeks. While that case was pending, the court refused to stop Texas from enacting |
| 1:45.8 | a ban on most abortions after six weeks. When the court upheld Mississippi's 15 week ban, |
| 1:52.6 | it actually also overturned the casey ruling against undue burdens. |
| 1:57.5 | Anti-choice states have since moved quickly. 13 states had previously passed laws that would |
| 2:03.1 | trigger abortion bans as soon as the Supreme Court found abortion unconstitutional. Most |
| 2:07.9 | of these trigger laws carry steep penalties, ranging from fines and laws of medical license |
| 2:13.6 | to mandatory prison time. A few make no exception for rape or victims of incest. The Women's Health |
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