For half a century, the radical right has fought to reclaim state control over the the uterus of every person in this country capable of getting pregnant. They succeeded Friday in a 6-3 decision in Dobbs v. Jackson Women’s Health Organization that ends federal protections of abortion rights. With the decision, 13 states—Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, South Dakota, Tennessee, Utah, Texas, Oklahoma, and Wyoming—automatically banned abortion with trigger laws their extremist governors and legislatures put in place waiting for this decision.
In anticipation of that, providers in some state have already halted abortion care. Blue states are scrambling to provide systems of care across state borders. So some states do indeed get to decide and continue to protect reproductive rights.
The decision, authored by Justice Samuel Alito, largely tracks with the draft majority opinion leaked in May. In it, Alito completely repudiates the 1973 Roe v. Wade decision and the subsequent decision in Planned Parenthood v. Casey, the 1992 ruling that upheld the right to an abortion but changed the standard for litigating restrictions on the right, establishing the standard of undue burden in deciding what restrictions would be allowed. From that moment on, it’s been Republican state after Republican state chipping away at abortion by ever more creatively stretching the boundaries of “under burden.” Waiting periods, mandatory vaginal ultrasounds, counseling, medical facility requirements, parental consent—the patriarchal states went crazy trying to figure out how creatively they could punish pregnant people.