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Delaware’s governor has signed into law a bill that ensures abortion remains legal in the state, in the first such move in the country since President Donald Trump was elected on a pledge to overturn Roe v. Wade, the 1973 landmark Supreme Court decision that protects a woman’s right to abortion.

Continue reading:  Delaware governor signs first state abortion rights law under Trump

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6 thoughts on “Delaware governor signs first state abortion rights law under Trump

  1. I wonder if the law has substance. Abortion is legal in all states,it’s just that some states make is difficult, humiliating, expensive, dangerous. I wonder how passing a law that makes it legal changes anything, since it’s already legal.

    • That’s not the point of this law, in my view. The real intent is to put statutory state law on the books supporting abortion rights in the event that the U.S. Supreme Court decides to undermine Roe v. Wade using the “states’ rights” argument. – which, by the way, could be challenged in federal court as a constitutional violation of the “supremacy clause.”

      Correction: Since there is no federal law explicitly defining abortion as legal, the U.S. Constitution’s supremacy clause could not be used by plaintiffs to challenge state anti-abortion laws in federal court. Therefore, the final arbiter of abortion rights is the U.S. Supreme Court. However, should the high court in the future use the “states’ rights” argument to allow states to further restrict abortion, then the same argument could be used to defend state laws which support abortion (e.g. Delaware’s). From Wikipedia:

      Roe v. Wade, 410 U.S. 113 (1973), is a landmark decision by the United States Supreme Court on the issue of abortion. It was decided simultaneously with a companion case, Doe v. Bolton. The Court ruled 7–2 that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman’s decision to have an abortion, but that this right must be balanced against the state’s interests in regulating abortions: protecting women’s health and protecting the potentiality of human life.[1] Arguing that these state interests became stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the third trimester of pregnancy.

      Later, in Planned Parenthood v. Casey (1992), the Court rejected Roe’s trimester framework while affirming its central holding that a woman has a right to abortion until fetal viability.[2] The Roe decision defined “viable” as “potentially able to live outside the mother’s womb, albeit with artificial aid.”[3] Justices in Casey acknowledged that viability may occur at 23 or 24 weeks, or sometimes even earlier, in light of medical advances.[4]

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