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Debate Primer: Be Ready to Debunk Palin's Answers on Roe

By Donna Crane, NARAL Pro-Choice America

October 2, 2008 - 3:12pm

Donna Crane's picture

Sarah Palin's interview with Katie Couric offers frightening news for advocates of reproductive rights every time a new segment appears.

Do we begin with Palin's explanation of her opposition to abortion, even as Couric asked her, if a 15-year-old were raped by her father? That sent shivers down America's collective spine.

What about Palin's claim that she supports contraception, but not emergency contraception? Governor, with all due respect, could we recommend a refresher course in biology?  Emergency contraception is just that - contraception.  Works the same way as other birth control

Perhaps the most troubling claim Palin makes on the topic of reproductive rights: she says she thinks the Supreme Court's decision in Roe v. Wade was wrong because "I believe that states should have more say in the laws of their lands and individual areas." [The Associated Press, October 1, 2008]

Let's break down the campaign spin. In order for the issue to go to the states, Roe would have to be overturned. The reversal of Roe would then clear the way for a Congress currently dominated by anti-choice politicians to ban abortion and thus override any state laws guaranteeing a woman's right to choose.

Here, then, is a follow-up question: In which states should the right to privacy exist and in which states should politicians have control over personal, private medical decisions? Here is what we know:

Several states have near-total abortion bans already on the books that will become enforceable if Roe is overturned:

  • 15 states currently have unconstitutional and unenforceable near-total bans on abortion already on the books, either from before Roe (13 states) or in the case of two states (LA and UT) from the early 1990s when they seized on a close vote in the Supreme Court to try to overturn Roe. These bans may become enforceable if Roe falls: AL, AZ, AR, CO, DE, LA, MA, MI, MS, NM, OK, UT, VT, WV, and WI.

Total states where abortion bans will be in effect if Roe v. Wade is overturned = 15

Some other states have "trigger" bans that will take effect if Roe is overturned:

  • 4 states have laws that would impose near-total criminal bans on abortion if the Supreme Court overturns Roe v. Wade (sometimes known as "trigger" bans): LA, MS, ND, and SD.

That gives us two additional states not amongst those 15 states (from above) with near-total bans already on the books.

Total states where abortion bans will be in effect if Roe v. Wade is overturned = 17.

Several states have fully anti-choice governors and legislatures that could pass laws outlawing abortion if Roe is overturned:

  • 13 states have anti-choice legislatures and governors and would likely outlaw abortion if Roe falls: AL, ID, IN, LA, MS, MO, NE, ND, RI, SD, TX, UT, and WV.

That gives us 6 additional states not amongst those with abortion bans.

Therefore, the total number of states where choice is at risk if Roe v. Wade is overturned: 23 states.

(Credit is due here to my NARAL colleagues Sarah Rich and Kate Vlach for their excellent research.)

In reviewing these stark facts above I am reminded of the way in which Palin tries to soften her position by suggesting she would "counsel" rape survivors not to consider abortion. In a country (or state) where abortion is illegal, with no exceptions even in cases of rape or incest, which is Palin's position, a "counseling session" is a moot point.

Let me counsel all Americans who value the right to privacy to use these facts to understand what an extreme anti-abortion position truly looks like.


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