When the Supreme Court overturned Roe v. Wade, it scrambled the landscape of abortion access in America, including in ways that one might not entirely expect. Many conservative states made the procedure essentially illegal — that part was predictable. But there’s also been this striking backlash in blue states, with many of them making historic efforts to expand abortion access, for both their residents and for women living in abortion-restricted states.
And this has created all kinds of new battle lines — between states, and states and the federal government — involving travel, speech, privacy and executive power. It’s an explosion of conflicts and constitutional questions that the legal historian Mary Ziegler says has no parallel in modern times. She’s the author of six books on reproductive rights in America, including “Roe: The History of a National Obsession,” and the Martin Luther King Jr. professor of law at the University of California, Davis. “We’re seeing, from conservative and progressive states, moves to project power outside of their borders in ways we really haven’t seen in a really long time,” she told me.
In this conversation, Ziegler explains the bifurcated abortion landscape that has emerged since the decision in Dobbs v. Jackson Women’s Health Organization overturned Roe. We discuss the different political and legal strategies conservative and progressive states are using to pursue their opposing goals; why the abortion rate has gone up, even as 14 states have implemented near-total bans on abortion; and how a second Trump administration could try to restrict access to abortion for all Americans, no matter what states they live in.
Mentioned:
“Harsh Anti-abortion Laws Are Not Empty Threats” by Mary Ziegler
Book Recommendations:
The Family Roe by Joshua Prager
Tiny You by Jennifer L. Holland
Defenders of the Unborn by Daniel K. Williams
“Before Roe v. Wade” by Linda Greenhouse and Reva B. Siegel
Thoughts? Guest suggestions? Email us at ezrakleinshow@nytimes.com.
You can find transcripts (posted midday) and more episodes of “The Ezra Klein Show” at nytimes.com/ezra-klein-podcast. Book recommendations from all our guests are listed at https://www.nytimes.com/article/ezra-klein-show-book-recs.
This episode of “The Ezra Klein Show” was produced by Claire Gordon and Kristin Lin. Fact-checking by Michelle Harris, with Mary Marge Locker and Kate Sinclair. Our senior engineer is Jeff Geld, with additional mixing from Efim Shapiro. The show’s production team also includes Annie Galvin and Rollin Hu. Original music by Isaac Jones. Audience strategy by Kristina Samulewski and Shannon Busta. The executive producer of New York Times Opinion Audio is Annie-Rose Strasser. Special thanks to Sonia Herrero.
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