Is There a Right to Abortion Out of State?

The Supreme Court’s ruling in the Dobbs case was not a surprise; given the draft opinion that was leaked in May, its decision to overturn Roe v. Wade and Planned Parenthood v. Casey was nearly a certainty. But the effects of the ruling have been rapid and chaotic. In some states, abortions stopped overnight; in others, there’s profound confusion over what qualifies as a legally acceptable reason for having an abortion. Far from settling the legal issue of abortion—by sending it back to the states—the Dobbs ruling opens an uncharted legal dimension where the health of a pregnant person is being pitted against the life of a fetus, with potentially fatal consequences. “Flat out, women will die in the course of ordinary pregnancy,” Jia Tolentino says, “because of physician fears about anything that might make them liable for felony changes of performing an abortion. It will make pregnancy significantly more dangerous for many, many people.” Tolentino and Stephania Taladrid have both reported extensively on abortion access, and they spoke this week with the New Yorker editor Tyler Foggatt. 

A longer version of this conversation appears on The New Yorker’s Politics and More podcast.