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Nancy Keenan

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The Perry Problem: What Would Happen if States Could Outlaw Abortion?

Posted: 08/08/11 07:00 PM ET

Every four years it seems anti-choice presidential candidates tell voters that overturning Roe v. Wade simply means returning the question of legal abortion to the states.

We can assume that some candidates will repeat this mantra if asked about abortion in the primary season -- including Saturday's debate in Ames, Iowa.

Texas Gov. Rick Perry (R), who has yet to formalize his candidacy, already injected this concept into the debate.

After making claims about "states' rights," Perry then reversed course and pledged to support a federal constitutional ban on abortion, which would outlaw abortion and ban many common forms of contraception.

Salon.com pointed out that how politicians like Perry invite charges of hypocrisy when they speak so glowingly of so-called "states' rights" while at the same time they also vow to use the powers of the federal government to further erode women's freedom and privacy.

As in 2008, when then-candidate Sen. John McCain (R - Ariz.) used the "return-to-the-states" argument, it's important for voters to consider two key facts:

First, in order for the issue of choice to go to the states, Roe would have to be overturned. (This is not a tiny detail considering it's been the law of the land and guaranteed women's access to safe, legal abortion for nearly 40 years.)

Second, the reversal of Roe would clear the way for an anti-choice Congress (currently, there are 245 anti-choice members of the House) to ban abortion and thus override any state laws guaranteeing a woman's right to choose. The current situation in Congress only reinforces the importance of the presidency to protecting choice. We recently published an updated publication, The Powers of the President, that outlines the breadth of influence the president has over reproductive-health policy.

Focusing specifically on the states issue, here is a question for anyone (a candidate or lawmaker) who makes this claim: In which states should the right to privacy exist and in which states should politicians have control over personal, private decisions?

If Roe were overturned today, and Congress lacked the votes to enact a nationwide ban, women's access to legal abortion could be in jeopardy in nearly half of the states. Based on analysis of current state laws and the hostile legislative landscape, here is how it could happen:

States with near-total abortion bans:

Fifteen states have currently unconstitutional and unenforceable near-total bans on abortion already on the books, either from before Roe (13 states), or in the case of 2 states (LA and UT), from the early 1990s when they seized on a close vote in the Supreme Court to try to overturn Roe. Bans in the following states may become enforceable if Roe falls: AL, AZ, AR, CO, DE, LA, MA, MI, MS, NM, OK, UT, VT, WV, and WI.

States with "trigger" bans:

Four states have laws that would impose near-total criminal bans on abortion if the Supreme Court overturns Roe v. Wade (sometimes known as "trigger" bans): LA, MS, ND, and SD.

Two of these states, ND and SD, are not in the first group of 15. Thus, the number of states under threat goes from 15 to 17.

States with fully anti-choice governors and legislatures:

Fifteen states have anti-choice legislatures and governors and would likely outlaw abortion if Roe falls: AL, AZ, GA, ID, LA, MI, MS, NE, ND, OH, OK, SD, TX, UT, and WI.

Five of these states, GA, ID, NE, OH, and TX, are not in the two previous categories.

So, in total, there are 22 states where choice is at risk if Roe is overturned. That's 44 percent of the states.

These numbers underscore the need for Americans to fully examine each candidate's position on legal abortion. We recently analyzed and summarized the positions of 12 announced and potential Republican challengers, including Perry's, and found that these candidates, with rare exceptions, endorsed extreme anti-choice policies that undermine women's access to reproductive-health care, including contraception.

For voters who value freedom and privacy, it's important to note the consequences women would face if any of these candidates moved into the White House.

 

Follow Nancy Keenan on Twitter: www.twitter.com/NARAL

Every four years it seems anti-choice presidential candidates tell voters that overturning Roe v. Wade simply means returning the question of legal abortion to the states. We can assume that some ca...
Every four years it seems anti-choice presidential candidates tell voters that overturning Roe v. Wade simply means returning the question of legal abortion to the states. We can assume that some ca...
 
 
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Kane
Now with 20% More Fiber!
12:29 PM on 08/13/2011
Taking away a woman's right to choose and seeking to ban abortion solves nothing. It fact, such policies make matters worse as they endanger a woman's life. A ban isn't a solution, it's a blindfold. Rather than focusing on how to strip a woman of her rights and privacy, why not focus on policies that could dramatically decrease the number of abortions?

Do you think if healthcare was available to all Americans that it might decrease abortions?

Do you think that ensuring women receive equal pay as men might lower the abortion rate?

Do you think that making education a priority and making college affordable to all Americans might have a positive impact in decreasing the abortion rate?

Do you think investing in after-school programs and childcare services might have a positive impact in reducing the number of abortions?

We could go on and on. But the point is, if people are truly serious about saving the lives of the unborn rather than playing political football with women's health, then there are viable solutions available that will in fact help dramatically reduce the abortion rate as we know it. Contrast and compare the ideas and proposals being offered by Democrats and those being offered by Republicans. Then ask yourself, which party truly is pro-life?
07:01 PM on 08/11/2011
It seems logical that what would happen is it remains legal in a handful of states, probably the entire Northeast and the west coast. Anybody in a state where it's illegal would have to have the time and money to make a trip to a state where it IS legal, if they want a legal abortion. Otherwise, they'll be trolling Craigslist for contraband Cytotec.
04:25 PM on 08/10/2011
This really IS a state issue. As are many issues illegally absconded with by the feds.
How's that Department of UnEducation working out for you? Their own data show their own failure.
The original Supremes abortion decision was as flawed as the Dred Scott and Kelo vs. New London decisions.
The history of the Supremes is not loaded with examples of them getting it right.
Q: What would happen?
A: Some states would approve abortions, some wouldn't, some would put conditions on them. As it should be.
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crowepps
09:50 PM on 08/10/2011
No, this actually is a PRIVATE issue, reserved to the people, like many other issues illegally absconded with by the federal and state and local governments.

There cannot possibly be any more personal and private decisions than who one wants to marry, when one wants to marry, and whether to be or not to be a parent. Neither the Federal OR the State or any other government entity has a right to interfere in those decisions. In particular, it's unconstitutional on its face for the government to require women who are not even members of a faith to breed because religious fanatics insist it's the appropriate punishment for having sex.

It's ironic so many people who insist federal government cannot educate, cannot tax and spend, cannot restrict weapons and cannot interfere with religion are eager to have their state government jump in instead and do an equally bad job in all those areas, and in addition, encourage state and lcoal governments to snoop into people's sex lives.

"Sometimes it is said that man cannot be trusted with the government of himself. Can he, then, be trusted with the government of others?" Thomas Jefferson

Apparently not.
02:26 PM on 08/11/2011
No person should have to travel across state borders to obtain a medical procedure.

This is America for pete's sake.
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crowepps
10:14 PM on 08/11/2011
Not if the right wing has anything to say about. They want it to be the United States of America in the north and the United States of Jesus in the South. So long as we can stick them with both Texas and Florida, I say let them secede.
05:16 PM on 08/12/2011
This happens a lot with abortion already and it's still legal. There are plenty of places where access to abortion provider is limited and women have to travel four and five hours or more to find a clinic that will perform an abortion. Only 10 of counties in this country have an abortion provider. Mississippi has exactly one abortion clinic in its entire state, meaning that women in Southern Mississippi who require abortions often drive to Louisiana to have the procedure done in New Orleans.
01:43 PM on 08/10/2011
All I can say is Scary. Maybe if the true stats of who gets abortions is better known, some hypocrisy would be revealed and work toward the protection of women's reproductive rights. Respected Guttmacher Institute indicates women from all walks of life have abortions, including those from religious faiths that stand against it: http://www.youtube.com/watch?v=rY-bQ6UzhNI
More of this kind of truth needs to be out there~laura Carroll, htp://laviechildfree.com
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MarcEdward
likes all cats more than most people
11:22 AM on 08/10/2011
Don't forget, when states outlaw abortion they will be setting up roadblocks at the state borders to stop and "check" young women to see if they are pregnant and trying to leave the state. I would bet $1 they pick who they "check" based on attractiveness. 
The USA is about to enter a very sickening and shameful period.
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MarcEdward
likes all cats more than most people
11:20 AM on 08/10/2011
It's worth noting that the Nazis were very anti-abortion.
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vetxcl
02:37 AM on 08/10/2011
On a related issue: birth control pills are now free, for now.
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crowepps
02:48 AM on 08/10/2011
Not yet. Birth control pills will become available without a copay after the new rules go into effect, IF the person has insurance that covers their prescriptions.
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vetxcl
02:22 AM on 08/10/2011
A what if of absurdity that mainly Repugnantcorps seem to prefer. Odd that a pro-choice individual poses it. Guess what, Federal Law supercedes State Law. Always has, always will. And yes, the Feds decide what to enforce and contest. Not that that fact will be debated here on huf&puf - too mundane.Needs more amping up, secession-like. The drama!!! The drama!!!
Must be a slow news day for some. How bout that recall, or debt drama, or the media now ignoring the Moody's AAA rating? Not dramatic enough? Oh, almost forgot the jobs problem. Nope, no drama there either, right? Oh, what's going on in merry ole England? Not too much, right?
Yup, supposition and conjecture is much more dramatic - apparently. Burning and looting? Never mind. Nothing to see there. Move along.
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maatpublish
writer, publisher, producer, & social commentator
01:13 AM on 08/10/2011
Solve the crux of the problem, then: Provide FREE and EFFECTIVE birth control to every woman of childbearing age as well as education for young men and women about preventing STD's and unwanted pregnancies. Why is this so hard? Why is it that certain sects of people are not just content with living their own lives, but in legislating how everyone else lives theirs - especially in the bedroom?

It's almost like some twisted brand of voyeurism.
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vetxcl
02:40 AM on 08/10/2011
Free birth control? Nahhh!! That couldn't nnneeevvveeerrrr happen!! Oh, umm goshum , wait, it just did. Nevermind.
01:17 PM on 08/10/2011
Only if you have health insurance. There are a heck of a lot of people without health insurance.
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p c r
Compassionate and Conservative are polar opposites
05:25 PM on 08/11/2011
Not everyone has health insurance. In fact, a woman has to get pregnant to qualify for assistance in most cases of healthcare for the poor.
06:48 PM on 08/09/2011
Interesting, if so many states are close to "banning" it as you say or have anti-choice legislatures then maybe these laws are what the majority of American people want??
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goatini
We are two-legged wombs, that’s all
07:01 PM on 08/09/2011
Civil and Constitutional rights do not come up for a popular vote.
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vetxcl
02:22 AM on 08/10/2011
See also Constitutional Amendment Procedure.
04:30 PM on 08/10/2011
Apparently they do, when Supremes invent a "right" to justify a supremely flawed decision.
Hey, why do the Supremes have a chaplain and start their proceedings with a prayer, have the 10 Commandments etched in stone in their castle, yet not want The Great Unwashed to do similar?
Just curious.
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nmmagyar
Proud memebr of the vast left wing conspiracy
07:10 PM on 08/09/2011
The supreme court has stated the the majority does not get to dictate the rights of the people.
04:26 PM on 08/11/2011
Um...when did they say anything like that? The majority DOES get to dictate the rights of the people.
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Walrus Man
04:57 PM on 08/09/2011
No human being on earth has the right to kill another one, regardless of the stage of her/his life. There are some specific medical indications for abortion. Why we don't try vitamin E (ducation)? for people to practice safe and limitless sex without worries? Abortion would just be a way of rewarding irresponsibility, besides growing an industry, where women are the raw material.
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crowepps
08:39 PM on 08/09/2011
We can't use education to solve the problem because the rightwing get all hysterical every time they see a condom, and they just have a hissyfit and fall in it at the thought of "sex without worries".
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p c r
Compassionate and Conservative are polar opposites
01:43 AM on 08/10/2011
Isn't it a good thing that a zygote/embryo/immature fetus has not developed into a human yet!
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Walrus Man
04:47 PM on 08/11/2011
Those are stages of human life when we are completely indefensive. Fortunately our loving mothers protect us, and you went through that, but many of us are not mature yet. I have to admit that education alone is not all, without our human values.
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tracyamanda
Do people even read these?
04:49 PM on 08/14/2011
Funny how people throw BABY showers and not fetus showers. People don't say "is your fetus a boy or girl" it's "what is the sex of your BABY" etc. When I carried my BABY I heard her heartbeat, I felt her kick and hiccup etc. Have you carried a baby? If you did and you are still for abortion then you cannot call yourself a mother, because a true mother knows that it is a baby to be loved and protected. No mother could ever justify ending an unborn baby's life who has felt her own living inside of her.
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ssassy78
Laughter is the best medicine.
04:01 PM on 08/09/2011
Until right to lifers are protesting war, famine, corruption, sex-based discrimination, and poverty, they have to stop calling themselves pro-life. They need to rephrase themselves as Pro-Birth. It seems that after that, they could care less about actual life.
09:54 PM on 08/09/2011
Well said. Very well said. Also, I have never understood how so-called pro-lifers can justify murder in the name of their cause. Aaaah, hypocrisy. And let's not forget double standards, because if wasn't for double standards, there'd be no standards at all!
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ssassy78
Laughter is the best medicine.
10:16 PM on 08/09/2011
A double standard is a necessity of power. Until we can control enough of the world's Ego, if there is even a capability of doing so, double standards will remain the barometer of social normalcy. Sadly, it is often women, minorities and the down-trodden who are forced to suffer in order for those in power to feel they have conquered success.
03:37 PM on 08/09/2011
The thing that is always missing in all the abortion discussions is that there is never a mention of what the punishment should or would be if abortion is made illegal. One politician went so far as to say that he didn't see the need for any kind of punishment. Still haven't figured that one out.
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Mile End
Keep Church separate from State
05:36 PM on 08/09/2011
Women who lose babies by miscarriage or still-birth are already facing prosecution and imprisonment in Alabama and Mississippi, and other states are considering similar laws. Be prepared to be horrified.

http://thinkprogress.org/justice/2011/07/01/256823/pregnant-women-criminal-charges/
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crowepps
05:52 PM on 08/09/2011
How about the married couple who have been fighting for FIVE YEARS to get her child back after the Catholic hospital accused her of child abuse for not signing a ceasarian permission? Even though it turned out she didn't even need a caesarian?

http://www.law.harvard.edu/students/orgs/jlg/vol341/81-112.pdf
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Seven Teenatheart
Tolerance, peace, and sanity. Be your own person.
02:02 AM on 08/15/2011
That's horrific. I've heard it before - and am still appalled by the cruelty of those laws.
markgoode
a voice from the center
09:08 PM on 08/09/2011
As another poster pointed out, both recently and going back to before Roe v. Wade became federal law, various states passed laws that specify fines and jail time for doctors and other persons who assist women with terminating pregnancies, and for the women themselves. Like our country doesn't already have more people in prisons than any other country.
10:45 AM on 08/10/2011
I wonder how people will feel when a 15-year-old, and possibly her entire family, is facing jail time or worse, for having an abortion.

As Mile End said, be prepared to be horrified.
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lldem1
An American Investor
01:47 PM on 08/09/2011
The reason why the abortion discussion cannot be resolved is because both sides fail to understand what they want.

The right really wants human rights extended to ALL humans: unborn, born, in a coma, or those who are mentally unable to make decisions for themselves. They want these humans to have rights. They want to speak for the unborn.

The left wants to suspend human rights when an individual's rights supersedes another's rights.

What's left is a debate of euthanasia. What should we do with children conceived by rape or incest; children whose continued term will kill either themselves or the mother?

If we prohibit abortion then is a mother forced to bear the child from rape? Will she forced to die along with her unborn child?

We need to separate acts of euthanasia from what we've come to call 'abortion'. If we can successfully do this, then the abortion debate becomes simpler:

Do we suspend human rights for an individual when that person cannot speak on their own behalf? Does a woman's right exceed human rights? Does a homeowner's rights exceed human rights? Does a man's rights exceed a woman's rights? Do we classify people who cannot speak for themselves as humans? Do we classify people who are not ambulatory as humans? Who is a human? Is it anyone with a beating heart? Without a uterus? Without a machine? These are the real questions. Answer those, then we can successfully end this discussion.
02:34 PM on 08/09/2011
Well stated. The issue is not and has never been a "health" issue. This is a debating ruse. Abortion is an ethical issue. Decide the ethics and the rest settles according to the decided standards.
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lldem1
An American Investor
03:22 PM on 08/09/2011
Thank you for your positive comments.

Let the medical procedure of abortion be legal. Then, as you stated, let's debate ethics, and i say let's do it at the state level.

If your state says unborn humans are not humans and do not deserve human rights, then let the people say that.

If your state says that people who are mentally retarded and can't make decisions for themselves are not humans and should be terminated, then let the people of your state say that.

Let us debate the ethics at the state level and you will see these issues become resolved very quickly.
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Mile End
Keep Church separate from State
03:42 PM on 08/09/2011
Incorrect. It is a civil rights issue, and as such it must remain under the protection afforded by the Federal government. ''It's a states' rights issue'' is the very same defense that was used to deny slaves their freedom.

Does a woman have the inherent right to determine how her own body is used, to make decisions about her own physical and emotional health? Nobody even questions that in any other context.

To enforce an abortion prohibition - thereby declaring the presence of a fetus supersedes a woman's civil rights - you would literally have to be willing to put a woman in prison for the duration of an unwanted pregnancy. The idea is insane.

Every woman must be able to decide if she can, or wants to, carry a pregnancy to term. Though I cannot, personally, imagine choosing an abortion in any other circumstances, I would have one ASAP if I became pregnant as the result of a rape. The very thought of carrying it for 9 months would only serve to extend the rape experience. If imprisoned for refusing to carry it, what happens to my other children?

Nobody has the right to force me or any woman to carry an unwanted pregnancy, and the rationale you would use is the ULTIMATE violation of my civil rights, i.e. because ''it's god's will''. YOUR god, not mine, and you do not have the right to force your religious values on me or any other woman.

It's a civil rights
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crowepps
02:45 PM on 08/09/2011
If the right really wants "human rights" extended to ALL humans why are so they so vehemently resistant to all humans having a right to food, shelter, medical care and dignity? It seems to me the right doesn't want ALL humans to have rights, but instead only those unborn, in a coma, or mentally unable to make decisions for themselves, because the right enjoys CLAIMING they are speaking for those who can't reject them by saying, who the heck are you to speak for me?

The problem with trying to end the abortion discussion by reaching an ethical consensus is that those who hold a minority belief in disagreement with that consensus have a right to hold their own ethical position and act on it. Certainly the ethical consensus of men about "what the women should do" isn't going to be particular persuasive to women. Historically, it has been easy for men to decide that somebody else ought to die for their principles.
01:17 PM on 08/09/2011
We are speaking about Rick Pro (I'm not counting the 200+ executions I signed Off on) Life Perry right ?
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ssassy78
Laughter is the best medicine.
04:04 PM on 08/09/2011
Great point! Even worse, a sordid view into the psyche of many right wingers: Force life, provide no supports or basic needs, and then play God and sentence death. All the death penalty equates to is reverse abortion. Take a look at the book Freakonomics. There is an interesting chapter on the drop in crime during the early 1990's, attributed to millions fewer unwanted children. The ethics behind the statistics may smell rotten, but the statistics are there to support the claim.