The Abortion Bans Keep Coming. Even Anti-Abortion Groups Doubt They’ll Work. – Mother Jones
▻https://www.motherjones.com/politics/2019/10/the-abortion-bans-keep-coming-even-anti-abortion-groups-doubt-theyll-wo
The confirmation of Supreme Court Justice Brett Kavanaugh in October of 2018 spurred many state legislatures to pass abortion bans in the hopes of getting a case to the Supreme Court that could overturn Roe v. Wade. “In 10 to 15 states for the last 30 years, legislators have passed anti-abortion laws that in their view move the envelope toward further restricting the right to abortion,” says Stephen Wermiel, a constitutional law professor at American University. “Now, with Kavanaugh replacing [Anthony] Kennedy, I think the states feel a strong interest in trying to push farther to see one of two things: either if they can get Roe overturned altogether or if they can significantly advance restrictions on abortion.”
Major anti-abortion organizations such as Americans United for Life have openly spoken out against these bans, arguing that they are not the best strategy to roll back abortion access.
“They are not likely to make it to the Supreme Court,” says Steven Aden, chief legal officer for Americans United for Life. “For that reason, we think there are other more productive means of the state expressing its respect for life.”
However, so far none of these laws have been upheld by federal judges. Without a split among the federal courts on the abortion bans, Wermiel says, the Supreme Court is unlikely to take up any of these cases.
Abortion-related legislation tends to drop off in major election years, given how controversial it is. But Nash thinks 2020 may be different. “I feel like abortion will be an election issue, and for conservatives perhaps in a different way because of the Supreme Court, because of the threat to Roe,” she says, adding, “I can imagine that we are going to see more on abortion bans in 2020.”