5min chapter

Pantsuit Politics cover image

A Russian Coup Attempt, OceanGate, and Abortion in Post-Roe America

Pantsuit Politics

CHAPTER

The Supreme Court's Use of Viability to Set the Binary

In states with total bans, those total bans are criminal laws and they are not being enforced. I think it is encouraging that legal scholars are starting to think through what would be a principled framework for legislating and regulating in this arena. There's this temptation across the spectrum to not acknowledge like what the Supreme Court did when they overturned Roe v Wade was wipe the board clean. We are back to zero in every sense of the word.

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