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cover of episode Abortion in Trump's America

Abortion in Trump's America

2024/12/19
logo of podcast What A Day

What A Day

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J
Jane Koston
M
Mary Ziegler
P
Paris Hilton
Topics
Jane Koston: 本期节目讨论了南卡罗来纳州试图通过切断对计划生育组织所有医疗服务的医疗补助金来取消对计划生育组织的资助,这虽然表面上不是关于堕胎的,但实际上与堕胎息息相关。最高法院将审理此案,这可能会影响人们获得生育保健的方式和地点。随着特朗普当选总统,他几乎肯定会任命更多对这些案件表示同情的联邦法官,这将鼓励保守派立法者承担更多法律风险,以限制获得生育保健的机会。 Jane Koston: 此外,节目还讨论了德克萨斯州对纽约州医生邮寄堕胎药物到堕胎被禁止的州的诉讼,以及此案对州际商业和州法院是否需要遵守其他州法院判决的影响。 Jane Koston: 最后,节目还讨论了堕胎问题在2024年大选中的作用,以及民主党人需要考虑如何应对堕胎问题,以及如何应对未来可能出现的新的法律挑战。 Mary Ziegler: 此案的核心是医疗补助规定以及医疗补助受益人是否有权选择其提供者。此案的背景可以追溯到很久以前,当时罗诉韦德案仍然存在,像南卡罗来纳州这样的州主要试图取消对计划生育组织的资助。关于医疗补助受益人是否有权选择其提供者的争议,各巡回上诉法院的意见不一,最高法院将解决这一问题。德克萨斯州的诉讼是一个重要的州际冲突的首次真正考验,它涉及到州法院是否需要遵守其他州法院的判决,以及对“惩罚性判决”的例外情况。最高法院的保守立场以及此案涉及的法律灰色地带,使得此案的结果存在不确定性。2024年,堕胎的法律环境仍然参差不齐,一些州增加了对生育权利的保护,而另一些州则实施了新的堕胎禁令。特朗普上任后,堕胎的法律环境可能会发生巨大变化,因为如果特朗普决定使用行政权力或国会决定通过禁令,国家层面的限制将优先于各州的规定。共和党人可能错误地认为他们在堕胎权利问题上拥有授权,因为即使在多布斯案之后,人们仍然可以通过各种方式获得堕胎服务。如果获得堕胎服务的方式变得更加困难,那么公众的反弹可能会更大。共和党人需要考虑是否应该进一步推进堕胎限制,以及这是否会对他们在选举中的表现产生负面影响。

Deep Dive

Key Insights

What is the South Carolina case about, and how does it relate to Planned Parenthood?

The South Carolina case aims to defund Planned Parenthood by cutting off Medicaid funding for all its healthcare services, including mammograms, birth control, and STD testing. While not directly about abortion, it is tied to reproductive rights, as South Carolina has already banned most abortions. The case centers on whether Medicaid recipients have the right to choose their provider, with lower courts disagreeing on the issue.

What is the significance of Texas suing a New York doctor for mailing abortion medication?

The lawsuit is significant as it challenges whether states with reproductive rights protections can shield their residents from out-of-state legal actions. Texas is attempting to apply its laws to a New York doctor who mailed abortion pills into Texas, testing interstate legal conflicts and the full faith and credit clause of the Constitution. This case could set a precedent for how states handle cross-border reproductive care disputes.

How has the legal landscape for abortion changed in 2024?

The legal landscape for abortion in 2024 is mixed. While some states have expanded protections, others have implemented bans, such as Florida. Seven out of ten states considered ballot initiatives to enshrine reproductive rights in their constitutions, even in places with existing restrictions. However, a potential national-level restriction under a Trump administration could override state-level protections.

What could a second Trump term mean for abortion rights?

A second Trump term could lead to more conservative judicial appointments, further restricting abortion rights. Anti-abortion groups are pushing for the revival of the Comstock Act, a 19th-century obscenity law, to restrict abortion-related materials. Additionally, the Trump administration might limit telehealth access to abortion pills or impose other federal restrictions, potentially overriding state-level protections.

Why didn't abortion become a major motivator for voters in the 2024 election?

Abortion did not become a major motivator for voters in 2024 due to a combination of factors. Voters prioritized issues like inflation and the economy. Additionally, Donald Trump successfully convinced voters that he would not limit access to abortion or IVF at the national level, allowing them to split their votes between reproductive rights initiatives and Trump. This messaging may have diluted the issue's impact on the election.

What is the significance of the House Ethics Committee releasing its report on Matt Gaetz?

The release of the House Ethics Committee's report on Matt Gaetz is significant as it details allegations of sexual misconduct, drug use, and other questionable behavior during his time in office. The report, initially kept private, was released after a closed-door vote, marking a reversal from the committee's earlier decision. Gaetz has denied the allegations, and the report's release could impact his political career and public perception.

What is the Stop Institutionalized Child Abuse Act, and why is it significant?

The Stop Institutionalized Child Abuse Act requires the creation of a federal workgroup to improve care at youth residential programs, addressing widespread abuse and neglect in the troubled teen industry. The bill, passed by the House and Senate, is a milestone for advocates like Paris Hilton, who testified about her experiences in such facilities. It aims to increase oversight and accountability in an industry with minimal regulation.

What is the current status of bird flu in the U.S., and why is it concerning?

The CDC announced the first severe case of bird flu (H5N1) in the U.S., linked to a backyard flock in Louisiana. Over 60 human cases have been reported since April, with no person-to-person transmission detected. The virus has also been found in dairy cows, prompting recalls of raw milk. California declared a state of emergency to expedite preparedness and response, highlighting the potential public health risks of the virus.

Chapters
The Supreme Court will hear a case regarding South Carolina's attempt to defund Planned Parenthood, impacting access to reproductive healthcare. A related Texas lawsuit challenges a New York doctor mailing abortion medication to other states. The outcome could significantly affect reproductive rights, especially with President-elect Trump's anticipated appointments of conservative judges.
  • Supreme Court to hear South Carolina case on defunding Planned Parenthood
  • Texas lawsuit challenges interstate provision of abortion medication
  • Potential impact on reproductive rights with Trump's judicial appointments
  • Legal uncertainty and debate surrounding state vs. federal jurisdiction

Shownotes Transcript

The Supreme Court on Wednesday agreed to hear a case over South Carolina’s effort to defund Planned Parenthood. The state wants to cut off Medicaid funding for *all *of Planned Parenthood’s healthcare services. That includes things like mammograms, birth control, STD testing — you know, health care. So here we are again, with the very conservative Supreme Court set to hear another case that could affect how and where people get their reproductive care. Mary Ziegler, a professor at U.C. Davis School of Law and an expert on the history and politics of abortion in the U.S., explains where the reproductive rights debate is headed in President-elect Donald Trump’s second term.

And in headlines: Trump torpedoed a government funding bill that could set us up for a government shutdown, the House Ethics Committee voted to release its report on former Florida Representative Matt Gaetz, and the Centers for Disease Control and Prevention announced the first severe case of bird flu in the U.S.

Show Notes: