Over the last few weeks, we have seen intense debate reignite over the role the federal government plays in limiting abortion. The backdrop to such debates is the upcoming presidential election, as well as the cultural reverberations around the overturning of Roe v. Wade in 2022.
There has been some confusion about the Dobbs decision. It did not simply “return abortion to the states.” Rather, it returned the power to protect the unborn to the voters, who can exercise this power through both their state and federal elected officials.
The Dobbs decision empowers states to enact pro-life laws that cover the period before viability — that is, approximately 22 weeks into a pregnancy or earlier. Under the Roe regime, states were not able to enforce such laws. Thankfully, many states have now implemented life-protective laws since the decision came down. To date, 24 states protect women and unborn children prior to viability. (Three of these are currently in litigation.)
Of course, the reverse is also sadly true. Twenty-six states currently have few or no protections for unborn babies, even at the stages where their hearts are beating, where they suck their thumbs or where they can feel pain. Seven of these states, along with Washington, D.C., have virtually no limits on abortion — not even a prohibition on painful dismemberment abortions.
This is why the........