State abortion bans create new governmental obligations for children

Jason Regan, CC BY 2.0 , via Wikimedia Commons
Author
Carter Dillard
Year
2022
Published in
The Hill

Now that the Supreme Court has overturned Roe v. Wade, “trigger laws” and formerly stale abortion restrictions in numerous states are going into effect.

This raises a new question: Do governments take on any legal obligations when, in the words of former Justice Blackmun in the 1992 Casey case, they “conscript[] women’s bodies” to act as surrogates for the state? In limited circumstances, the answer is clearly, yes.

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