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2023 UNT Dallas L. Rev. On the Cusp 1 (2023)

handle is hein.journals/ontcp2024 and id is 1 raw text is: 







203                  ON - THE               CUSP                    2024




   THE  INTERJURISDICTIONAL ABORTION WARS HAVE ARRIVED


                      Professor Ronnie R. Gipson Jr.*



                           TABLE  OF CONTENTS

 I. THE  STATES   TAKE  ADVANTAGE OF THE LACK OF FEDERAL
    PROTECTIONS BY CASTING A WIDER NET.............................................1
    A . The P ractical  Effect ....................................................................................2


       With the promulgation of Dobbs v. Jackson Women's  Health Org.,1 the
United States Supreme Court eviscerated federal protection for a woman's right to
exercise the difficult choice to abort her pregnancy. Dobbs represents a seismic
shift in the law with gargantuan import and unforeseen implications for years to
come.  The unexpected consequences  of the Dobbs decision unfold daily with
troubling reverberations throughout our society. One consequence is that the
removal  of federal protection for a woman's right to choose to terminate a
pregnancy has been supplanted with state laws that prohibit the provision of this
specific medical service and serve to punish other citizens who seek to help women
obtain healthcare within this realm.

       I. THE   STATES   TAKE   ADVANTAGE OF THE LACK OF
          FEDERAL PROTECTIONS BY CASTING A WIDER NET

       Thus, we find ourselves in a time where state laws fill the void left by the
removal of federal protection for a woman's right to choose with a wide range of
prohibitions, penalties, and in some instances, the danger of criminal prosecution.
For example, in Wisconsin, a law  enacted in 1849 makes  performance of an
abortion a Class H felony punishable by six years in jail and a $10,000 fine for the



* Ronnie R. Gipson Jr. is an Assistant Professor at the Cecil C. Humphries School of Law at the
University of Memphis. Professor Gipson is an internationally recognized scholar in the field of
aviation law. The author would like to thank Professors John Acevedo, Sonya Garza, and Daniel
Kiel for sharing their Constitutional law expertise in discussions on this topic. The author would
also like to thank his Research Assistants Bailey Carey and Tarik Terry for their contributions.
1 1422 S. Ct. 2228 (2022).

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