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![]() A human sperm cell burrows into the outer hull of an unfertilized human egg cell. Public domain. Image courtesy of PDimages.com. More About the Future of Abortion RightsAbortion Rights After Gonzales v. CarhartGiuliani Reaffirms Support for Abortion RightsKnow Your Supreme Court More About Abortion Rights and the Pro-Choice MovementWhy I'm Pro-ChoiceTop 10 Anti-Abortion MythsGonzales v. Carhart and the Kennedy Coalition More About Emergency Contraception and Other Emerging Alternatives to AbortionFDA Approves Behind-the-Counter Plan B for AdultsThe Rhythm Method as Abortifacient: A Response to John B. SheaSex and Civil Liberties The Future of Abortion Rights in AmericaAbortion Rights in 2012The pro-life movement is divided in two between pragmatists who embrace incremental regulation, and radicals who reject incremental regulation in favor of full prohibition. The hostility between these factions is in some ways greater than the hostility between the pro-life and pro-choice movements. Because 1990s clinic violence has put radicals in a difficult position, pragmatism is ascendant within the movement. Meanwhile, that same clinic violence, coupled with the Terri Schiavo debacle, has greatly reduced the influence of the pro-life movement as a whole within the Republican Party. One need only ask: How likely would it have been that pro-choice Rudy Giuliani would be leading the Republican pack ten years ago, regardless of his other credentials? At least three Supreme Court justices on the conservative end of Gonzales v. Carhart, and all four dissenting justices, appear to have fully embraced some version of the Casey standard: That women have a right to an abortion, and that the interests of fetuses may be protected by the state as long as such protection does not pose an undue burden on that right. The meaningful disagreement is over what "undue burden" means. Pro-life pragmatists, naturally, favor a narrow interpretation; pro-choicers, a broader interpretation. This distinction is not as dramatic as the old abortion debate, but it is the de facto debate in the Supreme Court and, therefore, limits realistic debate in state legislatures. By 2012, expect the positions of Chief Justice John Roberts and Justice Samuel Alito to be made clear. If in fact they are pro-Roe in its essence under a narrow interpretation of the Casey standard, which is where I believe them to be, then the anti-abortion movement will continue to lose influence in mainstream politics even as the Court permits more state regulation of the procedure. The ban on live intact D&X is probably not going anywhere. States will make a last-ditch effort to ban abortion which, if this results in a 7-2 Roe majority in the Court, will further marginalize the radical element within the pro-life movement. Other regulation, such as parental notification laws, will probably continue to be approved by the Supreme Court even as outright bans are rejected. Meanwhile, the context of the debate will gradually shift. The number of abortions will almost certainly decrease as availability and public awareness of new alternatives, such as emergency contraception, increases. Over time, the abortions that do take place will be more likely to take place at home, by way of RU-486, than at a clinic. More About the Future of Abortion RightsAbortion Rights After Gonzales v. CarhartGiuliani Reaffirms Support for Abortion RightsKnow Your Supreme Court More About Abortion Rights and the Pro-Choice MovementWhy I'm Pro-ChoiceTop 10 Anti-Abortion MythsGonzales v. Carhart and the Kennedy Coalition More About Emergency Contraception and Other Emerging Alternatives to AbortionFDA Approves Behind-the-Counter Plan B for AdultsThe Rhythm Method as Abortifacient: A Response to John B. SheaSex and Civil Liberties |
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