The most extreme will be bills likely patterned after New York’s Reproductive Health Act, abolishing legal protections for virtually all viable unborn children — children who could be safely delivered and placed with adoptive families instead of aborted by mothers who reject them.
Bills seeking to criminalize abortion may also be filed. These bills are supported by groups identifying as abortion abolitionists. While I share the supporters’ desire to protect all unborn children from abortion, these efforts will prove legally ineffective and politically harmful.
Even if passed, bills that assert a state’s right to ignore Supreme Court rulings have no chance of going into effect, since they would be unconstitutional under current judicial interpretation of the U.S. Constitution. Supporters of nullification know this but believe that such legislation is necessary to challenge Roe v. Wade, a 47-year-old Supreme Court opinion finding a right to abortion in the Constitution’s “penumbra.” They are wrong.