Exploring the Rise of Abortion Shield Laws in Post-Dobbs America

When the Supreme Court issued its opinion in Dobbs reversing Roe v Wade and Planned Parenthood, it began a rapidly evolving conflict between the States on one of the most high profile and controversial constitutional debates of our day. While much has been made of the laws which have either restricted or protected access to abortions, conflicts often reach beyond the borders of States due to interstate commerce, the Full Faith and Credit Clause, and the Extradition Clause. For law students, this is an opportunity to see with unusual clarity the dynamics of the law in motion and to better understand state-federal conflicts.

To help you better understand how these conflicts are playing out today and where they may be leading in the future, host Chay Rodriguez is joined by professors Rachel Rebouché and David S. Cohen, co-authors of an article entitled “Abortion Shield Laws”, which has helped lead 18 States and D.C. to adopt laws protecting healthcare practitioners who provide abortion services for patients from states where abortion is illegal.

Click here to read the article professors Rebouché and Cohen co-authored.

• (00:00) - Introducing today’s topic
• (02:08) - Our guests Rachel Rebouche and David S. Cohen
• (02:53) - Interview with Professor Rachel Rebouche
• (03:00) - Intro to abortion shield laws and the conflict between States
• (07:30) - How an article led to the development of shield laws for a post-Roe America’
• (07:59) - How States banning abortion seek to impede abortion resources beyond their borders
• (10:10) - The way the shield law evolved and developed first in Connecticut
• (10:58) - Odds of a Supreme Court fight: Rebouche
• (12:07) - Interview with Professor David S. Cohen
• (12:15) - The post-Dobbs reality in America
• (14:03) - The Full Faith and Credit Clause and abortion shield laws
• (17:36) - Shield laws and State sovereignty
• (18:44) - Odds of a Supreme Court fight: Cohen
• (20:38) - Dobbs and economic classes: equal protection claims
• (26:48) - How law students can get involved
• (30:05) - Abortion trafficking
• (34:20) - How scholarship can impact the legal landscape

Click here to view the episode transcript.