The Death of Roe v. Wade

Supporters and opponents of abortion seem to agree: It's no longer the law of the land.

By Dahlia Lithwick

Supporters and opponents of abortion agree on nothing. One side says this is a conversation about fertilized eggs; the other says it's about fetuses. One side says the debate is about personal autonomy; the other says it's about murder. One side sees exceptions to abortion restrictions for reasons of maternal life or health as necessary to protect life; the other sees them as cunning "loopholes."

Increasingly, however, there is a fundamental assumption both sides seem to share, even if they don't say so, and it may well shape the future of abortion rights in America: Opponents and supporters of abortion appear to have taken the position that Roe v. Wade is no longer the law of the land.

Since the start of this year, 916 measures seeking to regulate reproductive health have been introduced in 49 states. According to the Guttmacher Institute, by the end of March, 15 laws had been enacted in seven states. These laws include an expansion of the waiting period in South Dakota from 24 to 72 hours and a requirement that counseling from "crisis pregnancy centers" include scientifically flawed data on risk factors. There are new regulations in Utah and Virginia governing abortion clinics. Legislation has been introduced in 13 states requiring that women have an ultrasound procedure before having an abortion—and in seven of those states, the woman must view the fetus and listen to a detailed verbal description as well. Measures have been introduced in 17 states copying a Nebraska law banning abortion at 20 weeks, on the theory—again based on questionable medical data—that this is when a fetus can feel pain.