HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Monday, August 8, 2022

The Case Against Reason-Based Abortion Bans

Gray Sutton (University of Chicago), The Case Against Reason-Based Abortion Bans, U. Chi. Legal Forum (Forthcoming):

Before the Supreme Court undid the constitutional right to an abortion, a number of states had passed reason-based abortion bans. These purported to outlaw the performance of an abortion when it was knowingly made due to the race, gender, or genetic composition of the fetus. These bans are unconstitutional, wherever the right to abortion remains. The ban is not unlike a ban a state mandate to include persons of color in white supremacist organizations, or a government requirement that a woman marry a another woman, when she desires not to solely based on sex. Furthermore, these bans meet the old fashioned notion of undue burden. The economic toll of these bans stretches far into the future, beyond the moment of birth, imposing a substantial obstacle on socioeconomic freedom and often revealing a legislative hypocrisy.

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