Since the Supreme Court’s pivotal June 2022 ruling in Dobbs v. Jackson Women’s Health Organization, which dismantled Roe v. Wade and the federal protections for abortion, a significant wave of state legislatures has swiftly enacted bans and restrictions on abortion access. The Guttmacher Institute reports that 41 states currently enforce some form of abortion ban, with 12 states imposing total prohibitions.
Journalist Kylie Cheung, in her book “Coercion: Surviving and Resisting Abortion Bans,” argues that the consequences of these bans are not merely unintended side effects but rather a deliberate mechanism for societal control. “We hear about the endless, supposedly unintentional consequences of abortion bans like rising maternal mortality, child rape victims forced to travel across state lines, increased risk of criminalization, pregnant victims coerced by their abusers,” Cheung states. “But I very much argue that these aren’t unintended consequences.”
In a recent discussion on The Intercept Briefing, Cheung elaborated on how abortion bans serve to police and control pregnant individuals, perpetuating cycles of abuse and reinforcing systemic inequalities. “This is what abortion bans function to do,” she asserts, “to enact racial violence and economic subjugation and essentially lower women and pregnant people to this lowered class in our society.”
The case of a Nebraska teenager sentenced for her abortion highlights the grim reality faced by survivors of domestic violence in the post-Dobbs landscape. The teenager, who was 17 at the time of her abortion, testified about her abusive relationship and her fears of raising a child with her abuser. Despite her pleas, the court dismissed her concerns, leading to a 90-day prison sentence for “illegally concealing human remains.” Her mother, who assisted her in obtaining abortion medication, received a two-year prison sentence. This case exemplifies the intersection of abortion bans, fetal personhood laws, and the criminal justice system, where survivors often find themselves victimized by the very laws intended to protect them.
Cheung emphasizes the alarming statistics surrounding these issues. Research indicates that homicide is a leading cause of death for pregnant individuals, and the National Domestic Violence Hotline reported a doubling in calls about reproductive coercion following the Dobbs decision. Furthermore, a study revealed a 9,000 increase in domestic violence incidents in states that enacted abortion bans within a year of the ruling.
The implications of these laws extend beyond individual cases. Cheung notes that hospitals and healthcare providers are increasingly hesitant to perform necessary medical procedures, fearing legal repercussions under strict abortion laws. This has led to situations where patients are held against their will or subjected to invasive procedures rather than receiving timely and appropriate care. The legal landscape surrounding these issues is fraught with confusion, leaving many patients unaware of their rights and vulnerable to exploitation.
The narrative surrounding abortion bans often overlooks the historical context of racial and economic disparities. Cheung points out that communities of color bear the brunt of these restrictions, as they often lack the resources to navigate the complex barriers imposed by state laws. The intertwining of white supremacy and anti-abortion movements further exacerbates these inequalities, as marginalized groups face heightened scrutiny and criminalization.
As the landscape of reproductive rights continues to evolve, Cheung urges a broader understanding of the implications of these laws. “When we operate at the nexus of criminalization and state reproductive coercion and pregnancy policing, it’s very clear who is going to be targeted,” she warns.
In light of recent developments, including the rescinding of Biden-era guidance that mandated hospitals provide stabilizing abortion care, the situation remains precarious for pregnant individuals. Cheung highlights the chaos within the healthcare system, where providers may hesitate to act due to fear of legal repercussions, ultimately endangering patients’ lives.
In conclusion, the ramifications of the Dobbs decision and subsequent state-level abortion bans extend far beyond the immediate issue of abortion access. They represent a broader societal shift towards the policing of pregnant individuals, particularly those from marginalized communities. As Cheung articulates, understanding these dynamics is crucial for advocating for reproductive justice and dismantling the systems of control that perpetuate violence and inequality.
