Message auto-removed

[Name removed]

[bravenak]

1. Sexism.

Red states are more sexist. Their politicians don't have any respect for women, or gays, or blacks.

[Fumesucker]

5. They implement bureaucratic measures to make it difficult for clinics to be in business

Having to get admitting privilege at a local hospital is a big one, since the hospitals have control of which doctors get admitting privileges it can be a back door way of making clinics impossible without totally banning them.

[bravenak]

6. They use the law against itself.

[NutmegYankee]

3. They found ways to chip away at the right, mainly by regulating the clinics out of business.

It's called TRAP - Targeted Regulation of Abortion Providers. For example, a state may force abortion doctors to have admitting privileges to a hospital within 10 miles of the clinic, but the only hospital is a catholic hospital who won't grant it. Another is to impose hospital like building rules on clinics, which are normally designed like outpatient medical facilities like Dentists, Podiatrists, etc.

[davidpdx]

11. Bingo

[Freddie]

7. Fear

Would you open a clinic if it meant constant threats to you and your family and the very real possibility of being murdered? Plus years ago a "regular" OB doc could perform the occasional abortion as part of their practice; now, because of the stigma and threats, those brave docs who do perform abortions tend to be limited to that function only.

[former9thward]

8. Nothing in Roe v. Wade mandates access to abortion.

Those cases made abortion legal in most circumstances. Some states have placed far more restrictions on abortion clinics than others. Sometimes courts find those restrictions legal, sometimes not. Also many abortion providers don't want to work in some communities which are largely anti-abortion.

[SickOfTheOnePct]

18. Exactly

Roe v. Wade doesn't mandate access.

[Aerows]

12. Any person of means has abortion legally available to them

A person of lesser means does not because they do not have the funds to travel to obtain one. It's 2 parts sexism, 1 part classism. When a woman bears a child at a young age, she is fairly guaranteeing herself a life of poverty. With poverty, comes exploitation. With exploitation, comes a firmly cemented underclass.

[kelly1mm]

13. Access to abortion is not mandated by either of those cases. What those cases say

is that states cannot put undo burdens on access to abortion. If there are no abortion providers in a state (or in theory, the country) Roe or Doe would not MANDATE that a medical provider be forced to provide abortions.

[NutmegYankee]

15. They cannot make it totally illegal, but they make is very onerous to do so

The building and medical practice regulations can make it nearly impossible to afford to open a clinic.

[NutmegYankee]

19. Courts are human, and inconsistent.

They stop these laws in some states, and in others they allow them to go into effect.

[Unvanguard]

21. Some of them are. For the ones that aren't, two reasons:

First, the "undue burden" test established by Planned Parenthood v. Casey (which partially overruled Roe and Doe) is ambiguous and hard to apply. It gives states a lot of leeway to say that they're just trying to protect various interests associated with abortion (the health of the woman, respect for life, "informed consent&quot rather than trying to actually prevent people from getting abortions. And while it may be obvious to you and me that that's their real objective, it's hard for a court to come up with a manageable test to distinguish one from the other.

Second, lots of judges don't like reproductive choice and don't like Roe and are happy to read the relevant precedents as narrowly as possible and give states as free a reign as possible. And the flexibility of the undue burden standard lets them get away with it, though we'll have to see what the Supreme Court does when it takes up another case (it probably will soon).

[kelly1mm]

17. Basically, yes, you are correct. A good example is the recently overturned WI case that said

forcing abortion providers to have hospital admitting privileges was an undo burden. It is kind of a balancing act as the states that would like to outright ban abortions try to push the envelope to make it as hard as possible to get one, but stay just on the constitutional side of the line.