In this episode of the Passing Judgment podcast, we're joined by Laura Kusisto, national legal affairs reporter for The Wall Street Journal, to discuss the state of abortion rights in America one year after the Supreme Court's decision in Dobbs. They explore the shifts in legislation and litigation surrounding abortion, emphasizing the political and legal hurdles faced by the anti-abortion movement. Overall, the episode delves into the complex landscape of abortion rights in post-Roe America.

Here are three key takeaways from the episode:

1️⃣ Contrary to initial expectations, fewer states have outright banned abortions post-Roe v Wade than anticipated. About a dozen states have passed significant restrictions, but many face political and legal hurdles. Voter support for abortion rights remains strong, even in politically mixed or conservative states like Michigan and Kansas.

2️⃣ Republicans in states like Kansas, Kentucky, and Michigan have faced setbacks in their efforts to restrict abortion. Attempts to pass restrictive legislation have been met with opposition from voters, leading to upset victories for the abortion rights movement. The political landscape is proving that even traditionally conservative states have a significant population in support of abortion rights.

3️⃣ State Supreme Court decisions protecting abortion rights are more fragile than federal Supreme Court decisions based on the US Constitution. State constitutions may contain more explicit provisions protecting privacy and equality, allowing for the interpretation of abortion protections. However, state courts are subject to turnover and political pressures, leading to the potential reversal of decisions in short periods.

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On X formerly known as Twitter: @LauraKusisto

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On X formerly known as Twitter: @LevinsonJessica