How America's Two Abortion Realities Are Clashing

March 8, 2024

Guests: Mary Ziegler

Mary Ziegler is a legal historian introduced on the show as the author of six books about reproductive rights and American law, grounding her expertise in the legal history of abortion.

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About this episode

Klein interviews legal historian Mary Ziegler about how abortion politics has evolved since Dobbs. She argues the decision did not reduce abortions: rates have risen because demand persists, interstate travel remains available, and medication abortion and telehealth make bans hard to enforce. Instead Dobbs produced two diverging Americas — red states tightening bans and advancing fetal-personhood doctrines, blue states expanding providers, funding, constitutional protections, and shield laws. They discuss unsettled legal fights over mailed pills, travel bans, mifepristone, the Comstock Act, IVF, and narrow medical exceptions, plus backlash, ballot initiatives, and executive-branch tools. Ziegler's central claim is that activist politics and uncompetitive state politics produce abortion policies that diverge from voter preferences, and that resolving the conflict may require broader democratic reforms rather than litigation alone.

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