On our podcast, we discussed the various ways in which the strategies the anti-reproductive-rights minority have for imposing their will on the nation have certain obvious historical antecedents. And here we go!
The new model legislation also encourages red state legislators and prosecutors to treat abortion providers as a "criminal enterprise" in order to increase penalties and subject as many people as possible to prosecution—not just doctors, but also nurses, receptionists, etc.— Mark Joseph Stern (@mjs_DC) June 29, 2022
Given that Republican lawmakers have long passed any model legislation that @nrlc sends their way, we should expect red states to begin passing these gag orders very soon. I am not optimistic that this Supreme Court would find a First Amendment violation.— Mark Joseph Stern (@mjs_DC) June 29, 2022
One thing both Paul and I tried to emphasize is that pre-Roe abortion bans that were draconian on paper were for the most part not aggressively enforced by the state; they operated by creating a chilling effect while gray markets in safe abortions for women with connections were quietly tolerated. This was, to be clear very bad. But the kind of aggressive enforcement of abortion bans and other regulations with modern surveillance technology is a whole different deal and more terrifying deal which will threaten many liberties beyond a woman’s control of her reproductive health.